J  s 


OUT 

JAN  28  t915 


Charter  of  the  City  of 

CoUinsville, 

Oklahoma 


Adopted  January  9,  1914  and 

Approved  January  19, 

19    14 


-i'. 


CHARTER  FOR  THE  CITY  OF  COLLINSVILLE,  OKLAHOMA 


PREAMBLE. 

We,  the  people  of  the  City  of  Collins - 
ville,  Rogers  County,  Oklahoma,  a  city 
of  more  than  two  thousand  inhabitants, 
under  the  authority  of  the  Constitution 
and  laws  of  the  State  of  Oklahoma,  do 
ordain  and  establish  this  charter  for  the 
government  of  said  city. 
Article  I. 
Name,  Boundaries,  Succession,  Laws  and 

Ordinances,      Liabilities,      Limitations, 

Exercise  of  Power. 

Section  L  Name.  The  corporate 
name  of  the  municipal  corporation  here- 
by continued  shall  be  "City  of  Collins- 
ville." 

Sec.  2.  All  boundaries  and  limits  to 
the  City  of  Collinsville  are  hereby  es- 
tablished and  described  as  follows,  and 
shall  so  remain  until  altered  or  changed 
in   the  manner  hereinafter  provided: 

Beginning  at  the  southeast  corner  of 
section  twenty  (20),  township  twenty- 
two  (22)  north,  range  14  east,  Indian 
meridian;  thence  north  to  the  northeast 
corner  of  the  SE14  of  the  SEy4  of  the 
NEV4  of  section  twenty  (20),  township 
twenty-two  (22)  north,  range  14  east; 
thence  west  to  the  northwest  corner  of 
the  SWVi  of  the  SW^A  of  the  NE14  of 
section  twenty  (20),  township  twenty- 
two  (22)  north,  range  14  east;  thence 
north  to  the  northeast  corner  of  the 
SEl^  of  the  NWy4  of  section  twenty 
(20),  township  twenty-two  (22)  north, 
range  14  east;  thence  west  to  the  north- 
west corner  of  the  SEVi  of  the  NW14 
section  twenty  (20),  township  twenty- 
two  (22)  north,  range  14  east;  thence 
south  to  the  southwest  corner  of  the 
SEy4  of  the  NWy4  section  twenty  (20), 
township  twenty-two  (22)  north,  range 
14  east;  thence  west  to  the  northwest 
corner  of  the  NEl^  of  the  SEi/4  section 
nineteen  (10),  township  twenty-two 
(22)   north,  range  14  east;   thence  south 


to  the  southwest  corner  of  the  NE14 
of  the  SE14  section  thirty  (30),  town- 
ship twenty-two  (22)  north,  range  14 
east;  thence  west  to  the  northwest  cor- 
ner of  the  SWy4  of  the  SE%  section 
thirty  (30),  township  twenty-two  (22) 
north,  range  14  east;  thence  south  to 
the  southwest  corner  of  the  SW14  of 
the  SEl^  section  thirty  (30),  township 
twenty- two  (22)  north,  range  14  east; 
thence  east  to  the  southeast  corner  of 
section  thirty  (30),  township  twenty- 
two  (22)  north,  range  14  east;  thence 
south  to  the  southwest  corner  of  the 
NW^^  section  thirty-two  (32),  town- 
ship twenty-two  ('Z2),  north,  range  14 
east;  thence  east  to  the  southeast  cor- 
ner of  the  SWy4  of  the  NWy4  of  sec- 
tion thirty-two  (32),  township  twenty- 
two  (22)  north,  range  14  east;  thence 
north  to  the  northeast  corner  of  the 
SEy4  of  the  NWy4  of  the  NWy4  sec- 
tion thirty-two  (32),  tow^nship  twenty- 
two  (22)  north,  range  14  east;  thence 
east  to  the  southeast  corner  of  the 
NEy4  of  the  NEy4  of  the  NW^^  section 
thirty-two  (32),  township  twenty-two 
(22)  north,  range  14  east;  thence  north 
to  the  northeast  corner  of  the  SEl^  of 
the  SWl^  section  twenty-nine  (29) 
township  twenty-two  (22)  north,  range 
14  east;  thence  north  to  the  northeast 
corner  of  the  SEl^  of  the  SW^^  section 
twenty-nine  (29),  township  twenty-two 
(22)  north,  range  14  east;  thence  east 
to  the  southeast  corner  of  the  SWV4 
of  the  NWi^  of  the  SE^^  section  twen- 
ty-nine (29),  township  twenty-two  (22) 
north,  range  14  east;  thence  north  to 
the  northeast  corner  of  the  NWy,  of 
the  NWy4  of  the  SE14  section  twenty- 
nine  (29),  township  twenty- two  (22) 
north,  range  14  east;  thence  east  to  the 
southeast  corner  -.of, -the  SW^,4  of  the 
1N;EJ^'^:  W,tion  t^iefi^^-nine  (29),  town- 
'"feliip  *twenty-two    (22)    north,    range    14 


298626 


i.-4-'-- 


east;  thence  north  to  the  southeast  cor- 
ner of  the  NW14  of  the  NE^/i  of  sec- 
tion twenty-"nine  (29),  township  twen- 
ty-two (22)  north,  range  14  east; 
thence  east  to  the  southeast  corner  of 
the  NE14  of  the  NE^A  section  twenty- 
nine"  (29),  township  twenty-two  (22) 
north,  range  14  east;  thence  north  to 
the  place  of  beginning. 

Sec.  3.  Additions  to  Corporation  by 
Petition.  When  a  majority  of  the  own- 
ers of  an  addition  to  the  city,  which  ad- 
joins the  city  limits,  shall  sign  a  peti- 
tion, and  file  the  same  with  the  Board 
of  Commissioners,  asking  that  the  cor- 
porate limits  of  the  city  be  extended 
so  as  to  include  said  addition,  the  Board 
of  Commissioijers  shall  enter  said  peti- 
tion on  their  journal  and  shall  pass  a 
resolution  extending  the  corporate  lim- 
its so  that  the  said  addition  shall  be 
included  therein  and  constitute  a  part 
of  said  corporation,  and  the  inhabitants 
residing  thereon  and  the  owners  thereof 
shall  be  subject  to,  and  entitled  to,  all 
privileges   of  said  corporation. 

Sec.  4.  Addition  Without  Petition. 
Whenever  there  shall  be  laid  off  and 
platted  an  addition  adjoining  the  city 
and  a  record  of  the  same  is  made  in 
the  Register  of  Deeds'  office,  the  Board 
of  Commissioners  may  by  resolution  ex- 
tend the  boundary  of  the  city  so  as  to 
include  said  addition;  and  the  addition 
so  annexed  shall  thereafter  form  a  part 
of  the  city  and  be  within  the  jurisdic- 
tion thereof. 

Sec.  5.  Addition  of  Unplatted  Lands. 
Whenever  the  city  shall  desire  to  annex 
contiguous  territory  thereto  not  platted 
or  laid  (out)  or  recorded,  they  shall 
pass  a  resolution  annexing  said  terri- 
tory, and  said  resolution  shall  specify 
the  territory  annexed,  with  the  boun- 
daries thereof  according  to  the  survey, 
which  resolution,  or  an  attested  copy 
thereof,  shall  be  conclusive  evidence  in 
all  courts  of  sucj^.arvnexation.  Provid^ed, 
however,  that  no'Iafi^  used»^^©r;ag!5(Jul; 
tural  purposes  shall  he  tak'en'  wlth'iif  the 
corporate   limi^  Jof /tl55;oity**4rjd   ^ax-ed 


to  any  greater  rate  than  other  adjoin- 
ing lands  without  the  corporate  limits 
of  the  city;  except  when  such  lands 
shall  be  surrounded  on  three  or  more 
sides  by  the  corporate  limits  of  the 
city,  then  said  lands  may  be  taxed  at 
the  same  rate  as  adjoining  vacant  lots 
within  the  corporate  limits  of  the  city. 
Sec.  0.  Publication  and  Recording  of 
Plat.  Whenever  the  city  shall  annex 
any  territory  as  herein  provided,  the 
resolution  shall  be  signed  by  the  Chair- 
man of  the  Board  of  Commissioners  and 
attested  by  the  other  commissioners, 
and  the  seal  of  the  city  affixed  thereto. 
Said  resolution  shall  be  published  in  one 
issue  of  one  or  more  newspapers  pub- 
lished in  and  of  general  circulation  in 
the  city.     A  copy  of  said  resolution,  to- 

Igether  with  the  plat  and  map  of  survey 
defining  the  boundaries  of  such  annexed 
territory,  shall  be  filed  in  the  office  of 
the  Register  of  Deeds  of  this  county. 

Sec.  7.  Succession.  The  City  of  Col- 
linsville  shall  continue  a  body  politic 
and  corporate  and  shall  have  perpetual 
succession;  it  shall  retain,  own,  possess 
and  control  all  records  and  documents, 
real  and  personal  property,  claims  and 
demands  of  every  kind  and  nature 
whatsoever,  owned,  controlled  by  or  due 
to  the  City  of  Collinsville,  at  the  time 
this  charter  becomes  effective,  and  shall 
have  power  to  prosecute  all  actions  nec- 
essary to  protect  or  recover  the  same. 

Sec.  8.  Laws  and  Ordinances.  All 
provisions  of  the  Constitution  and  laws 
of  the  State  of  Oklahoma,  other  than 
laws  specially  applicable  to  cities  of  the 
first  class,  in  force  at  the  time  this 
charter  becomes  effective,  or  that  may 
be  thereafter  adopted  or  enacted,  all 
provisions  of  the  laws  of  the  State  of 
Oklalioma,  relative  to  cities  of  the  first 
class,  in  force  at  the  time  this  charter 
becomes  effective,  or  that  may  be  there- 
after adopted,  not  inconsistent  with  the 
provision  of  this  charter  applicable 
to  cities  having  a  charter  form  of  gov- 
ernment, are  hereby  recognized  as  gov- 

•"etning  and  controlling  in   and  upon  the 


'"f 


City  of  CoUinsville.  All  ordinances,  res 
olutions,  or  by-laws  of  the  City  of  Col 
linsville  at  the  time  this  charter  be- 
comes effective,  not  inconsistent  with 
the  provisions  hereof,  shall  continue  in 
full  force  and  effect  until  amended  or 
repealed  in  the  manner  provided  by  law. 

Sec.  9.  Liabilities,  The  City  of  Col- 
linsville  shall,  and  hereby  does  assume 
payment  of  all  legal  liabilities,  debts, 
demands,  bonds,  or  judgments  of  every 
kind  or  nature  whatever,  for  which  the 
City  of  CoUinsville  may  be  liable  at  the 
time  this  charter  becomes  effective,  or 
that  may  thereafter  accrue,  but  nothing 
herein  shall  ue  construed  to  legalize  or 
validate  any  illegal  or  invalid  demand, 
or  impair  any  defense  against  the  en- 
forcement of  the  same. 

Sec.  10.  Limitations,  (a)  The  enu- 
meration herein  of  certain  powers  as 
being  conferred  upon  the  City  of  Col- 
linsville  shall  not  be  construed  as  a  lim- 
itation upon  the  right  of  the  city  to 
exercise  other  powers  not  specifically 
enumerated  and  aii  powers  competent 
to  be  exercised  by  the  City  of  CoUins- 
ville, under  the  Constitution  and  laws 
'of  the  State  of  Oklahoma,  not  specifi- 
cally denied  herein,  are  reserved  to  the 
city. 

(b)  The  City  of  CoUinsville  shall  not 
dispose  of,  sell,  rent  or  incumber  in  any 
manner,  any  public  utility,  or  any  part 
thereof,  without  the  approval  of  a  ma- 
jority of  the  qualified  tax-paying  elec- 
tors of  the  city,  voting  at  a  general  or 
special  election  called  for  that  purpose, 
upon  not  less  than  twenty  days'  notice 
thereof. 

(c)  Tax-paying  electors,  as  in  this 
section  provided,  shall  be  held  and  con- 
strued to  mean  electors  otherwise  qual- 
ified whose  names  appear  upon  the  cur- 
rent tax  rolls  as  having  rendered  prop- 
erty, held  or  situated  in  the  city  and 
subject  to  taxation  for  city  purposes,  or 
who  have  a  deed,  recorded  in  the  office 
of  the  Register  of  Deeds,  to  property 
situated  in  the  city  and  subject  to  tax- 
ation  for   city   purposes;    and   said   deed 


must  have  been  recorded  fol-  thirty  days 
or  more  prior  to  the  election  at  which 
said  party  proposes  to  vote. 

Sec.  11.  Exercise  of  Powers.  All  the 
powers  of  the  city  shall  be  vested  in 
and  exercised  by  its  Board  of  Commis- 
sioners, except  as  otherwise  herein  pro- 
vided, subject  to  distribution  and  dele- 
gation   in   the    manner   herein    provided. 

Sec.  12.  General  Powers.  The  City 
of  CoUinsville  made  a  body  politic  and 
corporate  by  this  charter,  shall  have 
perpetual  succession,  may  use  a  common 
seal,  may  sue  and  be  sued,  may  contract 
and  be  contracted  with,  implead  and  be 
impleaded  in  all  courts  and  places,  and 
in  all  matters  whatever,  may  take,  hold 
and  purchase  lands  as  may  be  needed 
for  corporate  purposes  of  this  city,  and 
may  sell  any  real  estate  or  personal 
property  owned  by  it;  perform  and 
render  all  public  services,  and,  when 
deemed  expedient,  may  condemn  prop- 
erty for  public  use,  within  or  without 
the  city;  and  may  hold,  nianage  and 
control  the  same;  but  in  every  case  the 
city  shall  make  the  person  or  persons 
whose  property  shall  be  taken  or  injured 
thereby,  adequate  compensation  there- 
for, in  the  manner  and  method  of  such 
condemnation  and  the  method  of  ascer- 
taining the  compensation  therefor  as  is 
now  or  shall  hereafter  be  provided  by 
the  general  laws  of  the  State  of  Okla- 
homa. 

Sec.  13.  The  City  of  CoUinsville  shall 
have  power  to  enact  and  to  enforce 
ordinances  necessary  to  protect  health, 
life  and  property  and  to  prevent  and 
summarily  abate  and  remove  nuisances, 
and  to  preserve  and  enforce  the  good 
government,  order  and  security  of  the 
city  and  the  inhabitants  of  said  city, 
and  to  enact  and  enforce  any  and  all 
ordinances  upon  any  subject;  provided 
that  no  ordinance  shall  be  enacted  in- 
consistent either  with  the  Constitution 
or  laws  of  the  State  of  Oklahoma,  or  in- 
!cohsis4e«t  with  tii^ .;  provisions  of  this 
-chn^t?;r^  aftd,  provxlei  further,  that  the 
specifieatjons  of,  partioj.ilar  powers  here- 


in  authorized  shall  never  be  construed 
as  a  limitation  upon  the  general  powers 
herein  granted,  it  being  intended  by  this 
charter  to  grant  to  and  bestow  upon 
the  inhabitants  of  the  City  of  Collins- 
ville  full  power  of  self-government,  and 
it  shall  have  and  exercise  all  powers  of 
municipal  government  not  prohibited  to 
it  by  this  charter,  or  by  some  general 
law  of  the  State  of  Oklahoma,  or  by 
the  provisions  of  the  Constitution  of  the 
State    of   Oklahoma. 

Sec.  14.  All  real  estate  owned  in  fee 
simple  title,  or  held  by  lease,  sufferance, 
easement  or  otherwise;  all  public  build- 
ings, market  houses,  fire  engine  sta- 
tions, public  squares,  parks,  streets,  al- 
leys, and  all  property  of  whatever  kind, 
character  and  description  which'  has 
been  granted,  donated  purchased  or 
otherwise  acquired  by  the  City  of  Col- 
li nsville,  through  any  means  or  agency, 
and  all  causes  of  action,  cases  in  ac- 
tion, rights  or  privileges  of  every  kind 
and  character,  and  all  property  of  what- 
soever character  or  description  which 
may  have  been  held,  and  is  now  held, 
controlled  or  used  by  the  said  City  of 
Collinsville  for  public  uses  or  in  trust 
of  the  public,  shall  vest  in,  and  remain 
in  and  inure  to  the  said  corporation,  the 
City  of  Collinsville,  under  this  charter; 
and  all  suits  and  pending  actions  to 
which  the  City  of  Collinsville  heretofore 
was,  or  now  is,  a  party,  plaintiff  or  de- 
fendant, shall  in  no  wise  be  affected  or 
terminated  by  the  provisions  of  this 
charter,    but    shall  continue  unabated. 

Sec.  15.  Platting  Property.  Should 
any  property  lying  within  the  city  lim- 
its, as  established  by  this  charter,  or 
be  hereafter  annexed,  De  hereafter  plat- 
ted into  blocks  and  lots,  then  and  in 
that  event  the  owners  of  said  property 
shall  plot  and  lay  the  same  off  to  con- 
form with  the  streets  and  lots  abutting 
the  same,  and  shall  file  with  the  City 
I  Engineer  a  correct  map  of  same;  pro- 
vided, that  in  nb;  i^aSe  shall  th©  Citj:  Vf 
Collinsville  be  reqVire'd  tcv  payf  hjri  Anif 
of  said  streets,  ajt  .wbatQvej'  date  o^)enedj 


but  when  opened  by  reason  of  the  plat- 
ting of  said  property  at  whatever  date 
platted,  they  shall  become  by  such  act 
the  property  of  the  City  of  Collinsville 
for  use  as  public  highways  and  may  be 
cared  for  as  such. 

Article  II. 
Elective  Officers,  Term  of  Office,  Elec- 
tions,   Vacancies    in    Office,     Distribu- 
tion   of    Powers,    Organization,    Legis- 
lative Body,  Legislative  Powers,  Com- 
pensation, Oath  and  Bond. 
Section     1.  '    Elective     Officers.      The 
elective  officers   of  the  City  of  Collins- 
ville  shall   be    three    (3)    Commissioners 
and    said    Commissioners    shall    compose 
the   Board   of    Commissioners,    in    which 
all    power    of    the    government     of     the 
City    of    Collinsville     shall     be     vested; 
provided,  that  the  executive  and  judicial 
powers    shall    be    vested    in    a    Business 
Manager   under   such    rules    and   regula- 
tion   as    hereinafter    provided     by     tliis 
charter,  and  as   may  be   fixed  by   ordi- 
nance,   not    inconsistent    with    the    pro- 
visions   of    this    charter;    provided,   that 
I  his   acts,   before   binding  upon   the   city, 
I  must    be    confirmed    by    the    Board     of 
Commissioners    in    open    meeting   to   the 
public. 

Sec.  2.  Qualification.  Each  member 
of  the  Board  of  Commissioners  shall  be 
elected  at  large  by  the  qualified  elec- 
tors of  the  city.  No  person  shall  be 
eligible  to  the  office  of  Commissioner 
unless  he  shall  have  been  a  resident  of 
the  city  for  at  least  one  (1)  year  prior 
to  his  election.  He  shall  be  a  qualified 
tax-paying  voter  and  freeholder  of  the 
city.  He  shall  be  a  person  of  good 
moral  character,  not  in  litigation  with 
the  city  when  elected,  and  not  the 
owner  of  any  stocks,  bonds  or  shares 
of  any  public  service  corporation 
doing  business  in  the  city,  and  not  un- 
der  twenty-five    (25)    years    of   age. 

Sec.  3.  Term  of  Office.  The  term 
of  office  of  each  Commissioner  shall  be 
for  three  (3)  years  and  shall  commence 
on  the  first  Monday  in  May  after  his 
.election,   except   as   horeinafter   provided. 


•4- 


He  shall  continue  in  office  until  his  suc- 
cessor shall  be  elected  and  qualified,  ex- 
cept as   hereinafter  provided. 

Sec.  4.  Elections.  An  annual  elec- 
tion shall  be  held  on  the  first  Wednes- 
day in  April  of  each  year,  at  which 
there  shall  be  elected  a  successor  to 
the  Commissioner  whose  term  expires 
on  the  first  Monday  of  the  May  follow- 
ing. He  shall  hold  his  office  for  three 
years  and  until  his  successor  is  elected 
and  qualified,  except  as  herein  provided. 

Sec.  5.  Vacancies  in  Office.  A  va- 
cancy shall  exist  when  an  elective  offi- 
cer fails  to  qualify  within  ten  days 
after  notice  of  his  election,  dies,  re- 
signs, removes  from  said  city,  absents 
himself  therefrom  for  a  period  of  one 
month,  except  on  account  of  sickness,  is 
convicted  of  a  felony,  becomes  a  habit- 
ual drunkard,  or  judicially  declared  a 
lunatic.  If  the  office  of  Commissioner  p 
shall  become  vacant  for  any  cause,  the  | 
legislative  body  shall  appoint  some 
eligible  person  to  fill  such  vacancy,  who 
shall  hold  said  office  until  the  next  reg- 
ular municipal  election;  if  such  term 
be  not  then  at  an  end,  a  successor  shall 
be  elected  to  fill  such  unexpired  term; 
such  appointed  officer  shall  hold  his  of- 
fice until  his  successor  is  elected  and 
qualified.  All  elective  officers  and  those 
appointed  to  fill  vacancies,  as  herein 
provided,  shall  hold  their  respective  of- 
fices subject  to  the  provisions  of  the  re- 
call, as  herein  provided,  or  to  be  re- 
moved from  office  as  provided  by  law. 

Sec.  6.  Distribution  of  Power.  The 
Board  of  Commissioners  shall  constitute 
the  Legislative  Body,  and  all  legislative 
power  shall  be  vested  in  said  Board  of 
Commissioners. 

The  first  Board  of  Commissioners 
elected  under  the  provisions  of  this 
charter  at  their  first  meeting  shall  elect 
one  of  their  number  as  Chairman  of  the 
Board  of  Commissioners,  and  a  chair- 
man shall  be  elected  at  the  meeting  on 
the  First  Monday  in  May  of  each  year 
thereafter  for  a  period  of  one  year.  The 
chairman    shall    preside   at   all   meetings 


of  the  Board  of  Commissioners,  except 
in  his  absence  the  member  of  longest 
service  shall  act  as  chairman.  He  shall 
sign  all  ordinances,  papers  and  docu- 
ments as  "Chairman  of  the  Board  of 
Commissioners,"  and  the  same  shall  be 
attested  by  one  of  the  other  Commis- 
sioners. They  shall  levy  and  collect 
general,  special  assessment,  license,  oc- 
cupation taxes  as  may  be  necessary  for 
the  general  operative  expenses  of  the 
city  and  for  the  purpose  of  accumula- 
tions to  the  sinking  >nd  interest  funds 
as  provided  by  law.  They  shall  collect 
the  fines  imposed  by  the  Police  Court, 
revenues  from  all  public  property  and 
apportion  same  to  the  proper  funds. 

They  shall  have  supervision  of  all 
streets,  alleys,  cemeteries,  parks,  and  all 
other  public  property  and  shall  main- 
tain and  improve  the  same.  They  shall 
cause  all  street  duty  to  be  performed 
or  collect  the  money  due  in  lieu  thereof. 
They  shall  make  monthly  reports  which 
shall  be  substantially  in  the  same  form 
as  the  report  now  made  by  the  City 
Treasurer  to  the  City  Clerk,  and  said 
report  shall  become  a  part  of  their  rec- 
ords and  shall  be  subject  to  inspection 
by  the  public  at  all  reasonable  hours. 
They  shall  create  by  ordinance  such 
offices  from  time  to  time  as  they 
may  deem  necessary  to  carry  out  the 
provisions  of  this  charter,  define  duties 
of  such  office,  and  delegate  to  such  offi- 
cer such  power  and  authority  for  the 
execution  of  the  duties  of  said  office. 
No  officer  shall  ever  be  appoinfed  or 
any  person  employed  for  any  definite 
time  and  their  salary  or  compensation 
shall  be  definitely  fixed  at  the  time  of 
their  appointment  or  employment.  The 
Chairman  of  the  Board  of  Commission- 
ers shall  preside  at  all  meetings  of  the 
board,  but  he  shall  not  be  vested  with 
the  veto  power.  The  Board  of  Commis- 
sioners shall  enact  and  adopt  all  by- 
laws, ordinances,  rures  and  regulations 
for  the  government  of  the  city.  No 
funds    belonging    to    the    city    shall    be 


disbursed   until     regularly    appropriated 
by  the  Board  of  Commissioners. 

See.  7.  Business  Manager.  The  office 
of  Business  Manager  is  hereby  created. 
He  shall  be  vested  with  the  executive 
and  judicial  power  and  ■authority  of  the 
city,  subject  to  supervision  and  control 
by  the  Board  of  Commissioners;  he 
shall  be  solely  responsible  to  the  Board 
of  Commissioners  for  the  efficiency  of 
all  departments.  He  shall  make  the 
nominations  for  appointment  to  all  of- 
fices which  shall  ,be  confirmed  by  the 
Board  of  Commissioners.  If  the  first 
nomination  shall  not  be  confirmed  he 
shall  make  a  second  and  so  on  until  a 
nomination  is  confirmed.  He  shall  not 
later  than  the  fifth  (5th)  day  of  every 
month  make  a  financial  statement  to 
the  Board  of  Commissioners  which  shall 
be  in  substantially  the  same  form  as  is 
now  made  by  the  City  Treasurer  to  the 
City  Clerk.  He  shall  be  appointed  at 
the  first  meeting  of  the  Board  of  Com- 
missioners or  as  soon  thereafter  as  prac- 
tical, but  he  shall  not  be  appointed  for 
any  definite  time,  but  shall  tender  his 
resignation  at  any  time  when  demanded 
by  the  Board  of  Commissioners  in  writ- 
ing signed  by  two  (2)  or  all  members 
of  the  board.  He  may  tender  his  resig- 
nation at  any  time  that  he  so  desires. 
Immediately  upon  the  tendering  of  his 
resignation,  either  of  his  own  volition 
or  when  so  requested  by  the  board,  the 
Board  of  Commissioners  shall  cause  his 
books,  records  and  accounts  to  be  au- 
dited by  some  competent  person,  firm 
or  corporation,  and  if  found  to  be  cor- 
rect and  all  moneys  belonging  to  the 
city  that  have  come  into  his  hands  by 
reason  of  appointment  to  said  office, 
and  that  he  has  fulfilled  the  obligation 
of  his  office  in  accordance  with  the  pro- 
visions of  this  charter  and  ordinance 
governing  said  office,  then  the  Board 
of  Commissioners  shall  accept  his  resig- 
nation and  in  writing  release  him  and 
his  sureties  shall  be  released  from  fur- 
ther obligation;  provided,  that  if-  any 
criminal  action  in  his  administration  be 


discovered  at  any  future  time,  he  may 
be  prosecuted  under  the  laws  of  the 
state,  and  any  financial  loss  sustained 
by  the  city  may  be  recovered  by  civil 
action  against  him  in  any  court  of  com- 
petent jurisdiction,  but  in  no  case  shall 
his  sureties  be  held  liable  after  they 
have  been  released  by  the  Board  of 
Commissioners.  He  shall  have  super- 
vision of  all  appointive  officers. 

He  shall  give  bond  unto  the  City  of 
Collinsville,  Oklahoma,  conditioned  upon 
the  faithful,  correct  and  impartial  ex- 
ecution, discharge  and  performance  of 
the  duties  of  said  office  during  his  con- 
tinuance in  office  by  virtue  of  his  ap- 
pointment to  said  office,  without  fraud, 
deceit  or  oppression,  and  shall  pay  over 
all  moneys  that  shall  come  into  his 
hands  by  virtue  of  said  office,  and  shall 
deliver  unto  the  Board  of  Commission- 
ers all  moneys,  deeds,  records,  maps, 
mortgages,  writs,  paper  and  property  of 
every  character  belonging  to  his  office 
at  the  expiration  of  his  term  of  office. 
Said  bond  shall  be  in  the  sum  of  Ten 
Thousand  ($10,000.00)  Dollars  to  be  ex- 
ecuted by  some  solvent  Surety  Com- 
pany, authorized  by  law  to  do  business 
in  the  State  of  Oklahoma,  said  bond  to 
be  approved  by  the  Board  of  Commis- 
sioners who  shall  be  responsible  for  its 
safe  keeping.  In  the  event  funds  of 
the  city  shall  accumulate  in  his  hands 
in  excess  of  the  amount  of  his  bond  as 
herein  provided,  the  Board  of  Commis- 
sioners shall  require  him  to  execute  an 
additional  bond  sufficient  to  cover  such 
additional  amount  of  money,  said  bond 
to  be  executed  as  the  above  named 
bond;  provided,  that  the  Board  of  Com- 
missioners may  accept  a  personal  bond 
in  lieu  of  a  bond  made  by  a  Surety 
Company;  provided  that  each  surety 
shall  qualify  for  a  specific  amount  as 
provided  by  law. 

Sec.  8.  Claims.  All  claims  against 
the  city  must  be  presented  in  writing 
with  a  full  account  of  the  items,  and 
verified  by  the  oath  or  affirmation  of 
the    claimant,    or    his    agent,    that    the 


6 


same  is  correct,  reasonable  and  just, 
and  no  claim,  or  demand  shall  be  audited 
or  allowed,  unless  presented  arid  veri- 
fied, as  provided  for  in  this  section; 
provided,  no  costs  shall  be  recovered 
against  the  city  in  any  action  brought 
against  it,  for  any  unliquidated  claim, 
which  has  not  been  presented  to  the 
Board  of  Commissioners  to  be  audited, 
nor  upon  claims  allowed  in  part  unless 
the  recovery  shall  be  for  a  greater  sum 
than  the  amount  allowed  with  the  inter- 
est due.  Provided,  further,  that  no 
action  shall  be  maintained  against  the 
city,  in  exercising  or  failing  to  exercise, 
any  corporate  power  or  authority  in  any 
case  where  such  action  would  not  lie 
against  a  private  individual  under  like 
circumstances. 

Sec.  9.  Oath  and  Bonds.  Each  Com- 
missioner shall  qualify  before  entering 
upon  the  discharge  of  the  duties  of  his 
office  by  taking  the  oath  of  office  re- 
quired by  law  and  entering  into  a  good 
and  sufficient  bond  in  the  sum  of  $5,- 
000  to  be  executed  by  some  solvent 
Surety  Company,  the  premium  to  be 
paid  by  the  city,  for  the  faithful  dis- 
charge of  the  duties  of  his  office;  such 
bond  to  be  approved  by  the  Judge  of 
the  County  Court  of  Rogers  County,  Ok- 
lahoma, and  when  so  approved,  to 'be 
deposited  in  the  office  of  the  Clerk  of 
said  County  Court.  All  officers,  agents 
and  employees  of  the  city,  except  the 
Commissioners  and  Business  Manager, 
shall  enter  into  such  bond  as  may  be 
required  by  the  Board  of  Commissioners, 
and  such  bonds  shall  be  approved  by 
them  and  be  kept  as  a  part  of  the  rec- 
ords of  their  office. 

All  bonds,  whether  made  by  a  Surety 
Company  or  personal  bond,  shall  be 
made  in  substantially  the  following 
form : 

File  No 

OFFICIAL  BOND, 
of 


SECURITIES 


Filed 


19. 


Official    Title. 


By 


Official    Title. 

I  State   of   Oklahoma,   County   of   Rogers, 

City   of   Collinsville,   ss: 

The  foregoing  bond  of 

as in  and  for  said  city 

was  this  day  approved. 

Dated 19 

Official  Title. 

OATH  OF  OFFICE 

I, do 

solemnly  swear  (or  affirm)  that  I  will 
support,  obey  and  defend  the  Constitu- 
tion of  the  United  States  and  the  Con- 
stitution of  the  State  of  Oklahoma,  and 
^vill  discharge  the  duties  of  my  office 
with  fidelity;  that  I  have  not  paid  or 
contributed  either  directly  or  indirectly 
any  money  or  other  valuable  thing  to 
procure  my  nomination  or  election  (or 
appointment)  except  for  necessary  and 
proper  expenses  expressly  authorized  by 
law;  that  I  have  not,  knowingly,  vio- 
lated any  election  law  of  the  State,  or 
permitted  it  to  be  done  by  others  in  my 
behalf;  that  I  will  not  knowingly  re- 
ceive, directly  or  indirectly,  any  money 
or  other  valuable  thing  for  the  per- 
formance or  non-performance  of  any  act 
or  duty  pertaining  to  my  office,  other 
than  the  compensation  allowed  by  law. 
And  I  further  swear  (or  affirm)  that  I 
will  not  receive,  use,  or  travel  upon  any 
free  .pass  or  on  free  transportation  dur- 
ing my  term  of  office. 

Sworn    to   and   subscribed   before    me, 

this    day    of 

A.  D.,  19.... 


My   commission   expires . 


Official    Title. 

CERTIFICATE  OF  RECORD 
State   of   Oklahoma,   County   of   Rogers, 

City    of    Collinsville. 

I,   in  and  for 

said    city    do    hereby    certify    that    the 
ioregoing     Bond-^  and    Oath     of    Office, 

dated    the day    of 

19. . . .  ,  was  filed  for  record  in  my  office 

this    day    of 

A.    D.,    19 ,    at o'clock M., 

and  duly  recorded  the day 

of A.  D.,   19....  ,  at.... 

o'clock M.,  in  the  Official  Bond 

Records   of   said   city in   Vol. 

on    page 

Witness  ray  hand  and  official  seal,  at 
office  in  Collinsville,  Oklahoma,  the  day 
and  year  last  above  written. 


Official    Title. 

By 

State   of   Oklahoma,   County   of   Rogers, 

City  of  Collinsville. 
Know  All  Men  By  These  Presents: 

That    we' as 

Principal    and    


wise  to  remain  in  full  force  and  effect. 
In  testimony     whereof,     witness     our 

hands,    this day    of 

19.... 


State   of   Oklahoma,   County   of   Rogers. 

The  undersigned  Surities  on  the  fore- 
going bond,  being  duly  sworn,  on  oath, 
each  for  himself  says:  I  am  a  resident 
hoiLseholder  and  freeholder  within  the 
State  of  Oklahoma,  and  have  property 
within  said  State,  worth  over  and  above 
all  my  just  debts  and  liabilities,  exclu- 
sive of  property  exempt  from  execution 
the  sum  set  out  and  stated  below,  that 
is  to  say: 

I,    am   worth   the 

sum  of  $ 

I,    am   worth    the 

sum  of  $ 

I,    am    worth    the 

sum  of  $ 

I,    am   worth    the 

sum  of  $ 

I,    am    worth    the 

sum  of  $ 


as  Securities  are  held  and  firmly  bound 
unto  the  City  of  Collinsville,  Oklahoma, 

in    the    sum    of i Dollars, 

for  the  payment  of  which  we  hereby 
bind  ourselves,  our  heirs,  executors  and 
administrators,  jointly  and  severally  by 
these  presents. 

Whereas,  the  above  bounden 

was 

duly to    office    of 

in  the  City  of  Collinsville  of  the  County 
of  Rogers  in  the  State  of  Oklahoma,  on 
the day  of   ,  19 

Now,  therefore,  The  condition  of  this 
obligation  is  such  that  if  the  said. . . . 
shall 


Subscribed   and   sworn    to   before    me, 
this day    of ,    19 ... . 


then  this  obligation  shall  be  void;  other- 


Official    Title. 

All  bonds  shall  be  recorded  in  a  book 
kept  specifically  for  that  purpose  by 
the   Board  of   Commissioners. 

Sec.  10.  The  compensation  'of  each 
member  of  the  Board  of  Commissioners 
shall  be  Five  ($5.00)  Dollars  for  each 
meeting  that  the  member  attends,  but 
in  DO  ease  shall  a  member  receive  any 
compensation  for  services  on  coramit- 
tess,  or  otherwise,  than  herein  provid- 
ed; provided,  that  no  member  of  the 
Board  of  Commissioners  shall  receive 
for  his  services  as  such,  for  any  one 
year  a  sum  exceeding  Three  Hundred 
($300.00)      Dollars.       Provided,     further, 


8 


that  when  any  member  of  the  Board 
of  Commissioners  shall  be  out  of  the 
city  for  the  purpose  of  transacting  busi- 
ness for  the  city,  he  shall  receive  his 
railway,  hotel  and  such  other  necessary 
and  legitimate  expenses. 

Article  III. 
Appointive   Officers,   Employes    and   La- 
borers,    Nominations     and     Removals, 

Compensation. 

Section  1.  Appointive  Officers.  In 
addition  to  the  elective  officers  provided 
for  herein,  the  Board  of  Commissioners 
may,  in  their  discretion,  provide  by 
ordinance  for  the  appointment  of  offi- 
cers to  perform  such  duties  as  the  best 
interests  of  the  city  require,  and  pre- 
scribe their  respective  duties,  and  fix 
their  compensation  and  bond. 

Sec.  2.  Employes  and  Laborers.  The 
Board  of  Commissioners  may  from  time 
to  time  employ  such  common  or  skilled 
labor  as  they  deem  necessary  and  pre- 
scribe their  respective  duties  and  fix 
their  compensation,  or  they  may  au- 
thorize the  employment  of  such  laborers 
by  the  Business  Manager,  but  in  all 
cases  the  compensation  shall  be  first 
fixed  by  the  Board  of  Commissioners, 
except  in  case  of  an  emergency,  in 
which  event  the  Business  Manager  shall 
employ  such  laborers  and  at  such  rate 
as  he  deems  the  exigencies  of  the  case 
may  demand. 

See.  3.  Nominations.  Each  appoin- 
tive officer,  employe,  or  laborer,  shall  be 
nominated  by  the  Business  Manager  but 
no  such  officer,  employe  or  laborer, 
shall  except  in  case  of  emergency,  begin 
his  work  or  labor,  or  be  entitled  to 
compensation  until  his  employment 
shall  have  been  authorized  or  ratified 
by    the    Board   of   Commissioners. 

Sec.  4.  Removals.  No  appointment 
to  an  office  or  place  in  the  city  shall 
be  made  for  any  definite  time,  but  each 
officer,  employe,  or  laborer,  shall  be 
subject  to  removal  at  any  time  by  the 
Business  Manager  or  Board  of  Commis- 
sioners  without   cause. 

Sec.    5.     Compensation.      The   compen- 


sation of  all  appointive  officers,  em- 
ployes, or  laborers,  shall  be  fixed  by 
jthe  Board  of  Commissioners,  and  no 
j  compensation  shall  be  paid  to  any  such 
officer,  employe,  or  laborer,  except  for 
services  actually  performed,  and  after 
appropriation  for  funds  therefor,  duly 
made. 

Sec.   6.     No   officer   or   employe   shall 
receive  any   pay,  commission,  money  or 
thing   of    value,    or   derive    any   benefit, 
profit,    or    advantage,    directly    or    indi,- 
I  rectly,  from  or  by  reason  of  any  deal- 
'  ings    with,    or   service   for   the   city,   by 
;  himself  or  by  others,  or  from  or  by  rea- 
'son  of  any  improvements,  alterations  or 
'  repairs    required    by    authority    of     the 
'city,  except  his  lawiul  compensation  or 
{salary  as  such  officer  or  employe.     No 
'  officer  or  salaried  employe  of  the  city 
shall,   except   as   otherwise   provided   by 
this  charter,  accept  directly  or  indirect- 
jly,  from  any  railroad,  telegraph  or  tele- 
phone company,  or  from  any  owner  of 
any  public  utility  franchise  in  the  city, 
any  pass,  frank,  free  ticket,  free  service, 
or   any   other   service   upon   such    terms 
more    favorable    than    those    granted    to 
the    public    generally.      The     Board     of 
Commissioners   shall   pass    an   ordinance 
providing  for  punishment  for  the  viola- 
tion of  this  section. 

Sec.  7.  No  appointment  to  any  po- 
sition under  the  city  government  shall 
be  made  or  withheld  by  reason  or  any 
political  opinions,  or  affiliations,  or  po- 
litical service;  and  no  appointment  or 
election  to,  or  removal  from  any  office, 
or  employment,  and  no  transfer,  promo- 
tion, reductions,  reward,  or  punishment 
shall  be  in  any  manner  effected  or  made 
by  reason  of  such  opinions,  affiliations, 
or   service. 

Article  IV. 
Section  1.  Candidates  to  be  voted  for 
at  elections  for  commissioners  shall  be 
nominated  as  hereinafter  provided  and 
only  the  names  of  those  so  nominated 
shall  be  placed  upon   the  ballot. 

Sec.  2.  Before  anyone  shall  have  his 
name  placed  upon  the  official  ballot  as 


9 


a  candidate  for  commissioner,  he  must 
be  nominated  by  a  nomination  petition 
signed  by  not  less  than  seven  per  cent 
of  the  qualified  voters  of  the  said  city 
based  upon  the  total  vote  cast  in  the 
last  preceding  general  municipal  elec- 
tion for  said  office;  provided  that  for 
the  first  election  under  this  charter  said 
percehtum  shall  be  based  upon  the  total 
vote  cast  for  the  office  of  City  Treas- 
urer at  the  last  election  for  said  office. 
Said  nomination  petition  shall  be  sub- 
stantially in  the  following  form: 
Nomination  Petition. 

We,  the  undersigned,  duly  qualified 
electors  of  the  City  of  Collinsville,  re- 
siding at  the  places  set  opposite  our  re- 
spective names  hereto,  do  hereby  nomi- 
nate  ,  who  resides  in  the  City 

of  Collinsville,  Oklahoma,  as  a  candi- 
date for  commissioner  for  "^said  city  iu 
the  election  to  be  held  in  said  city,  on 

the day   of 

19....,   and   request   that   his   name   be 
placed    on    the    official    ballot    for    such 
election.     We  are  personally  acquainted 
with  him  and  know  him  to  be  a  quali-  j 
fied  voter  of  said  city,  a  man  of  integ- 
rity and  of  good  moral  character.     We 
have  acquainted  ourselves  with  the  du-  j 
ties  of   said  office  as   set   forth   in   this 
charter    and    with    his    qualifications    toj 
perform    the    same,    and     after     careful  i 
consideration    we    believe    he    has     said 
qualifications.      We    desire    to     see    him ' 
elected    to    said     office.      After     having 
carefully    read    the    above    we    hereunto  ^ 
attach  our  signatures. 

(Name    of    qualified   elector.) 

(Street  and  number.) 

Every  nomination  petition  shall  be 
verified  by  one  or  more  qualified  elec- 
tors of  the  City  of  Collinsville  as  to  the 
qualifications  and  residence  of  all  per- ^ 
sons  signing  said  petition.  Said  verifi-  \ 
cation  or  verifications  to  be  placed  on 
said  nomination  petition  following  the 
list  of  signatures  of  the  petitioners.  On 
said  petition  immediately  following  said 
verification  or  verfications  there  shall 
bo   placed   an   acceptance   of   nomination 


signed   by   said  nominee   which   shall   be 
in  substantially  the  following  form: 

I  hereby  accept  this  nomination  for 
the  office  of  commissioner  and  consent 
that  my  name  shall  be  placed  upon  the 
official  ballot  as  a  candidate  for  said 
office. 

Signature  of  Nominee. 

Sec.  3.  No  nomination  petition  nor 
acceptance  thereof  shall  have  upon  it 
any  party  emblem,  sign,  or  designation, 
and  there  shall  be  nothing  thereon  to 
indicate  the  affiliation  of  the  nominee 
or  of  any  signer  with  any  political 
party  or  any   organization. 

See.  4.  Said  nomination  petitions 
must  be  executed  in  duplicate  and  filed 
with  the  Board  of  Commissioners  not 
less  than  ten  (10)  days  before  the  elec- 
tion. The  Board  of  Commissioners  shall 
forthwith  post  one  of  the  copies  in  a 
conspicuous  place  in  the  City  Hall  where 
it  shall  remain  until  after  the  election. 
No  election  petition  shall  be  circulated 
more  than  thirty  (30)  days  before  elec- 
tion. 

Sec.  5.  Immediately  upon  the  expir- 
ation of  the  time  for  the  filing  of  nomi- 
nation petitions,  the  Board  of  Commis- 
sioners shall  post  in  a  conspicuous  place 
in  the  City  Hall  for  a  period  of  three 
(3)  days,  the  form  of  the  official  ballot 
to  be  used  for  the  coming  election  with 
names  of  the  candidates  appearing 
thereon,  arranged  under  the  name  of 
the  office  for  which  they  are  candidates, 
as  hereinafter  provided. 

Sec.  6.  Immediately  upon  the  expir- 
ation of  the  time  for  filing  nomination 
petitions,  the  Board  of  Commissioners 
shall  call  for  bids  for  the  printing  of 
the  necessary  election  supplies  for  the 
coming  election  and  shall  furnish  each 
newspaper  or  job  printing  establishment 
with  copies  of  all  printing  to  be  done. 
Immediately  upon  the  expiration  of  the 
three  days'  time  for  the  posting  of  the 
official  ballot,  as  mentioned  in  section 
5  of  this  article,  the  Board  of  Commis- 
sioners   shall    let    the    contract    for    said 


10 


election  supplies  to  the  lowest  and  best 
bidder. 

Sec.  7.  The  Board  of  Commissioners 
shall  arrange  the  names  of  the  candi- 
dates for  commissioners  without  regard 
to  the  alphabet  or  the  time  of  filing  of 
the  nomination  petitions.  Said  names 
shall  be  so  arranged  that  each  name 
shall  appear  at  the  head  of  the  list  of 
cndidates  on  the  total  number  of  bal- 
lots an  equal  number  of  times  with 
other  candidate  and  each  name  shall  ap- 
pear second  on  such  ballots  for  said  po- 
sition an  equal  number  of  times  with 
other  names.  And  likewise  third  and 
fourth  and  so  on  to  the  end  that  the 
name  of  each  candidate  shall  appear  on 
said  ballot  in  such  position  as  will  in- 
sure said  candidate  an  equl  oppor- 
tunity with  other  cndidates.  The  said 
Board  of  Commissioners  shall  cause  said 
ballots  to  be  printed  in  such  numbers, 
arranged  as  herein  provided,  and  shall 
cause  said  ballots  so  arranged  and 
printed  to  be  distributed  among  the 
various  precincts  of  the  city  so  as  to 
carry  out  the  intents  of  this  section. 

Sec.  8.  Upon  said  ballots  the  names 
of  the  candidates  for  commissioner 
shall  be  placed  under  the  words  'Tor 
Commissioner,"  followed  by  the  instruc- 
tions, "vote  for  one,"  with  a  square  at 
the  left  of  each  name.  Following  these 
names  shall  appear  the  names  of  the 
candidates  for  the  other  two  commis- 
sioners under  the  words  "For  Commis- 
sioner," and  the  instructions  "vote  for 
one."  with  the  square  to  the  left  of 
each  name.  The  ballots  to  be  voted 
at  said  municipal  election  shall  be  sub- 
stantially in  the  following  form  with 
the  necessary  modifications  when  less 
than  three  commissioners  are  to  be 
chosen: 

Municipal  Election 

CITY  OF  COLLINSWLLE 

(Date) 

Place  a  cross  in  the  square  preceding 
the  name  of  the   person  for  whom  you 
desire  to  vote. 
CANDIDATES     FOR     COMMISSIONER 


Vote   for   One 

(Names  of  Candidates.) ' 

CANDIDATES     FOR    COMMISSIONER 

Vote   for  One. 

(Names  of  Candidates.) 

CANDIDATES     FOR     COMMISSIONER 

Vote  for  One. 

(Names  of  Candidates.) 

No  ballot  -  shall  have  upon  it  any 
party  emblem,  sign  or  designation,  and 
there  shall  be  nothing  upon  it  to  indi- 
cate the  affiliation  of  any  Candidate 
with  any  political  party  or  any  organi- 
zation. 

Sec.  9.  The  Board  of  Commission- 
ers having  caused  said  ballots  to  be 
printed  as  provided  herein  shall  cause 
to  be  delivered  to  each  Election  Precinct 
in  said  city  the  number  of  said  ballots 
equal  to  twice  the  number  of  votes  cast 
in  said  precinct  at  the  last  preceding 
municipal  election  for  commissioner, 
provided  that  in  the  first  election  under 
this  charter  the  number  of  said  ballots 
shall  be  equal  to  twice  the  number  of 
vptes  cast  in  said  precinct  at  the  last 
election  for  City  Marshal  in  the  first 
election  and  for  Commissioners  there- 
after. 

Sec.  10.  At  every  election  sample  bal- 
lots shall  be  posted  at  each  and  every 
polling  place  in  said  city. 

Sec.  11.  The  Election  Board  of  each 
voting  precinct  of  said-  city  shall  im- 
mediately upon  closing  the  polls,  count 
the  votes,  mutilated  and  challenged 
ballots  and  ascertain  the  number  of 
votes  cast  for  each  candidate  voted  for, 
and  make  due  returns  thereof  to  the 
County  Election  Board  in  the  first  elec- 
tion held  under  the  provisions  of  this 
charter,  and,  thereafter  they  shall  make 
the  returns  to  the  Board  of  Commis- 
sioners' of  the  City  of  Collinsville,  upon 
proper  blanks  furnished  by  the  Board 
of  Commissioners  of  said  city.  On  the 
day  following  the  first  election  held  un- 
der the  provisions  of  this  charter,  the 
j  County  Election  Board  shall  publicly 
I  canvass  the  returns  of  said  election 
from  all  of  the  voting  proeincts   in   said 


11 


city.  A  copy  of  the  resitlts  of  said  elec- 
tion, certified  to  by  the  Secretary  of 
the  County  Election  Board,  delivered  to 
the  person  or  persons  elected,  shall  con- 
stitute a  certificate  of  election.  The 
returns  of  all  elections  held  under  the 
provisions  of  this  charter,  except  the 
first  election  as  hereinbefore  provided, 
shall  be  canvassed  by  the  Board  of  Com- 
missioners, certified  to  by  the  chairman 
of  said  Board  of  Commissioners,  which 
shall  be  delivered  to  the  successful  can- 
didate or  candidates,  shall  constitute  a 
certificate  of  election. 

Sec.  12.  If  for  any  office  no  candidate 
has  a  majority  of  the  votes  cast  for 
said  office  in  said  election  the  Secretary 
of  the  County  Election  Board  in  the  first 
election  held  under  the  provisions  of 
this  charter  shall  so  certify  to  the 
Mayor  of  the  City  of  Collinsville,  and  in 
all  other  elections  held  under  the  pro- 
visions hereof,  the  Chairman  of  the' 
Board  of  Commissioners  shall  so  certify  j 
to  the  said  board  and  worthwith  an  elec- : 
tion  shall  be  called  to  choose  between , 
the  two  candidates  receiving  the  great-  \ 
est  number  of  votes  for  said  office  at 
said  election  and  at  which  second  elec- 
tion only  said  two  persons  shall  be  can- 
didates; provided,  that  in  the  event  of 
any  person  who  was  a  candidate  at  said 
first  election  and  who  shall  be  entitled 
to  become  a  candidate  at  said  second 
election  shall  fail  to  request  that  his 
name  shall  appear  on  the  official  ballot 
therefor,  as  herein  provided,  the  candi- 
date for  such  office  standing  next  in  or- ; 
(ler  in  computation  of  votes  shall  sue- ' 
coed  to  his  rights  with  respect  thereto; 
j)rovided  further,  that  two  candidates 
for  such  office  a  said  first  election  shall 
be  entitled  to  become  candidates  tliere- 
for  at  said  srecond  election,  which  two 
candidates  at  said  first  election,  as  shall 
file  written  request  to  be  placed  on  the 
official  ballot  as  candidates  for  such  of- 
fice at  said  second  election.  In  the  event 
of  a  tie  the  vote  for  the  leading  candi- 
dates for  any  office  at  said  first  election 
said  office  shall  be  filled  at  second  elec- 


tion as  herein  provided  for,  at  which 
such  candidates  so  tied  in  said  first  elec- 
tion may  again  become  candidates.  In 
the  event  they  or  either  of  them  shall 
fail  so  to  do,  the  two  candidates  for 
such  office  who  lead  in  the  computation 
of  votes  therefor  and  who  desire  to  be- 
come candidates  therefor  at  said  second 
election  shall  be  entitled  so  to  do  in  the 
order  of  their  respective  votes  at  said 
first  election.  In  the  event  of  a  tie  be- 
ween  the  two  candidates  for  any  office 
at  said  second  election  they  shall  cast 
lots  to  determine  who  shall  be  elected 
thereto.  Said  second  election  shall  be 
held  within  ten  days  from  the  said  first 
election,  and  after  at  least  five  days' 
notice  by  posting  in  three  public  places 
in  said  city,  one  of  which  shall  be  at 
the  City  Hall. 

Sec.  13.  In  all  elections  held  under 
the  provisions  of  this  charter  for  the 
election  of  commissioner  at  the  annual 
election  as  provided  for  in  article  two 
(2)  of  this  charter,  or  for  the  purpose 
of  electing  commissioners-  to  fill  va- 
cancies in  the  office  of  commissioner 
caused  by  the  recall  of  a  commissioner, 
or  by  resignation,  or  otherwise,  and  all 
other  elections  held  under  the  provisions 
3f  this  charter,  the  election  returns  shall 
be  canvassed  by  the  Board  of  Commis- 
sioners; provided,  that  the  first  elec- 
tion of  commissioners  held  under  the 
provisions  of  this  charter,  the  election 
returns  shall  be  canvassed  by  the  Coun- 
ty Election  Board. 

Sec.  14.  In  all  elections  held  under 
the  provisions  of  this  charter,  other 
than  the  first  election,  the  returns  of 
such  election  shall  be  publicly  canvassed 
by  the  Board  of  Commissioners  on  the 
day  following  the  election  at  the  hour 
of  ten  o'clock  a.  m.  and  the  returns 
thereof  shall  be  spread  on  the  journal  of 
the  Board  of  Commissioners,  and  shall 
be  published  in  one  or  more  newspapers 
printed  in  and  of  general  circulation  in 
the  City  of  Collinsville. 

Sec.  15.  For  the  purpose  of  holding 
all    elections    provided    for    })y    tlio    pro- 


12 


visions    of    this     charter    the    Board     of 


Commissioners  shall  appoint  not  less 
than  two  (2)  judges  and  two  (2)  clerks 
for.  each  voting  precinct.  The  clerks  so 
appointed  shall  be  the  official  counters 
of  said  election.  The  judge,  whose 
name  appears  first  in  the  published  list 
for  each  precinct,  shall  be  the  officer 
in  charge  of  the  election  in  that  pre- 
cinct. Should  the  said  judge  fail  for 
any  cause  to  serve,  then  the  next  shall 
perform  the  duties  herein  mentioned,  in 
that  event  the  said  judge  shall  appoint 
another  judge  and  shall  fill  any  other 
vacancies  that  may  occur  on  the  Elec- 
tion Board.  Should  it  be  shown  by 
the  officer  in  charge  of  any  precinct  on 
the  day  of  election  that  there  is  not  a 
sufficient  number  of  clerks  to  properly 
handle  the  votes  being  cast  in  that  pre- 
cinct, the  judge  in  charge  shall  appoint 
additional  clerks.  The  judges  and  clerks 
appointed  to  hold  the  election,  shall  con- 
stitute the  Election  Board  in  their  pre- 
cinct. All  election  judges  and  clerks 
shall  receive  the  sum  of  three  ($3.00) 
dollars  per  day  for  their  services  and 
the  same  shall  be  paid  in  the  same  man- 
ner as  other  claims  against  the  city.  No 
judge  or  clerk  shall  receive  pay  for 
more  than  one  day's  time  in  each  elec- 
tion. 

Sf^c.  10.  For  each  election  held  under 
the  provisions  of  this  charter  the  Board 
of  Commissioners  shall  have  printed  the 
following  supplies  for  each  voting  pre- 
cinct,   to-wit: 

One  poll  book,  tally  sheets,  blank 
oaths  of  office,  oaths  for  challenged 
doctors,  four  envelopes,  to-wit:  One  of 
sufficient  size  to  hold  the  poll  book  and 
tally  sheets,  with  the  words  "poll  book 
and  tally  sheets"  printed  on  the  back  in 
large,  black  faced  type.  One  to  hold  the 
challenged  ballots,  with  the  word  "chal- 
lenged ballots"  in  bold  faced  type  print- 
ed on  the  back.  One  to  hold  the  voted 
ballots,  with  the  words  "voted  ballots" 
printed  in  large,  bold  faced  type  on  the 
back.  One  to  hold  the  mutilated  bal- 
lots, with  the  words  "mutilated  ballots" 


in  large,  bold  faced  type  on  the  back, 
and  such  other  supplies  as  may  be  nec- 
essary to  properly  conduct  any  election 
held  under  the  provisions  of  this  char- 
ter. 

Sec.  17.  In  each  election  held  under 
the  provisions  of  this  charter  the  Board 
of  Commissioners  shall  furnish  to  the 
officer  in  charge  in  each  precinct,  in  ad- 
dition, to  the  supplies  named  in  section 
16  of  this  article,  the  following:  Elec- 
tion seal  and  wax,  twine,  needles,  pens, 
ink,  blotters,  pencils,  tablets,  rules,' 
stamps  and  pads,  tables,  booths,  and 
such  other  supplies  as  may  be  neces- 
sary, and  in  such  quantities  that  will 
enable  him  to  properly  conduct  said 
election. 

Sec.  18.  For  the  purpose  of  holding 
all  elections  under  the  provisions  of  this 
charter,  the  Board  oi  Commissioners 
shall  issue  a  proclamation  calling  the 
election  and  shall  state  therein  the  pur- 
pose of  said  election,  the  day  of  the 
week,  day  of  month  and  month  and 
year,  time  of  opening  and  closing  of  the 
polls,  the  number,  and  boundaries  of 
each  precinct,  the  polling  place  in  each 
precinct,  the  name  and  title  of  the  offi- 
cers who  shall  hold  said  election  in 
each  precinct.  Said  proclamation  shall 
be  published  in  not  less  than  two  (2) 
issues  nor  more  than  four  issues  in  one 
or  more  newspapers  printed,  published 
and  of  general  circulation  in  the  City  of 
Collinsville.  Not  more  than  four  days 
shall  intervene  between  the  date  of  the 
proclamation  and  the  first  publication 
of  said  proclamation;  there  shall  be  not 
less  than  three  days  between  the  first 
publication  and  the  second  and  so  on  to 
the  last,  and  there  shall  be  at  least  one 
day  between  the  last  publication  and 
the  day  no  which  the  election  is  held. 
No  proclamation  (except  the  annual 
election  of  commissioners,  the  recall  of 
Commissioners)  shall  be  issued  for  an 
election  except  on  the  authority  of  a 
resolution  passed  by  vote  of  l^wo  mem- 
bers of  the  Board  of  Commissioners, 
and  there  shall  be  not  less  than  ten  (10) 

13 


days  between  the  date  of  the  proclama- 
tion and  the  date  of  the  election,  and 
not  more  than  forty  (40)  days  between 
the  date  of  the  proclamation  and  the 
date  of  the  election;  provided,  that  this 
provision  shall  not  apply  to  the  first 
election.  ' 

Sec.  10.  Boxes  used  in  the  elections 
held  under  the  provisions  of  this  charter 
shall  be  constructed  of  galvanized  sheet 
iron  of  twenty-four  guage.  Said  boxes 
shall  be  fifteen  inches  by  fifteen  inches 
by  twelve  inches  in  depth ;  one  ~  end  of 
each  box  shall  have  a  hood  or  lid  con- 
structed of  like  material  and  so  con- 
structed that  the  edge  of  the  lid  will 
come  down  over  the  edge  of  the  box  one 
inch.  Said  hood  or  lid  shall  be  attached 
to  the  box  with  hinges  fastened  with 
rivets  and  equipped  with  two  staples 
and  clasps  on  the  opposite  side  from 
the  hinges.  This  lid  shall  have  a  suit- 
able handle  in  the  center  for  the  pur- 
pose of  carrying  the  box.  There  shall 
be  a  slit  in  the  lid  six  inches  long  by 
one- fourth  of  an  inch  wide.  The  locks 
shall  be  Yale  six  lever  spring  locks  or 
their  equals  equipped  with  two  keys. 

Sec.  20.  All  election  supplies,  shall  be 
placed  in  the  boxes  for  each  precinct 
and  shall  be  delivered  to  the  officer  in 
charge  of  each  precinct  at  the  hour  of 
seven  (7)  o'clock  a.  m.  on  the  day  of 
the  election.  After  the  Election  Board 
shall  have  completed  their  work  the  re- 
turns shall  be  placed  in  the  box  and 
conveyed  to  the  office  of  the  Board  of 
Commissioners  by  the  two  judges  and 
there  in  the  presence  of  the  two  judges 
and  the  Commissioners  the  two  keys  to 
the  box  shall  be  placed  in  an  envelope 
and  sealed  and  bound  with  a  twine  in 
such  a  manner  that  the  twine  shall  pass 
around  each  end  of  the  envelope.  On 
the  cross  of  the  twine  on  each  side  of 
the  envelope  tliere  shall  be  placed  a 
seal  of  wax  not  less  than  one  inch  in 
diameter,  and  while  the  wax  is  soft  j 
there  shall  be  made  an  impression  with  { 
the  seal  of  that  precinct.  Said  seal  shall 
be  so  placed  that  tlio  onvolopo  can  not , 


be  opened  without  breaking  the  twine 
or  the  envelope.  After  the  seal  has  been 
so  placed  on  the  envelope  the  seal,  bal- 
lots and  returns  shall  be  placed  in  the 
box  and  locked  and  both  sealed  enve- 
lope and  box  shall  be  placed  in  the 
vault  of  said  Board  of  Commissioners. 
The  seal  of  the  envelope  shall  not  be 
broken  or  the  envelope  opened  except 
in  the  presence  of  all  the  commissioners 
at  the  time  when  they  canvass  the  re- 
turns of  said  election.  The  Board  of 
Commissioners  shall  be  responsible  for 
the  safe  keeping  of  the  election  returns 
and  keys.  The  said  commissioners  shall 
receipt  the  said  judges  for  the  returns 
and  keys. 

Sec.  21.  The  voted  ballots,  mutilated 
ballots,  challenged  ballots,  stubs  and 
ballots  not  used  in  the  election,  shall  be 
placed  in  a  box  of  similar  construction 
to  the  ballot  boxes,  at  the  time  that 
the  election  returns  are  canvassed  by 
the  Board  of  Commissioners,  .and  the 
keys  thereto  shall  be  sealed  in  an  en- 
velope in  the  manner  as  provided  in 
section  20  of  this  article,  with  a  seal 
provided  for  that  purpose,  and  said  seal 
shall  be  placed  in  the  box  and  locked 
and  remain  until  the  expiration  of  the 
time  for  contests  of  the  election  as  pro- 
vided by  law.  The  seal  of  the  enve- 
lope witli  the  keys  shall  not  be  opened 
except  in  the  presence  of  the  Board  of 
Commissioners. 

Sec.  22.  The  "Tally  Sheet  and  Poll 
Book"  as  hereinbefore  provided,  shall 
constitute  the  official  returns  of  each 
precinct  of  every  election  held  under  the 
provisions  of  this  charter. 

Sec.  23.  The  ballots  used  in  every 
election  held  under  the  provisions  of 
this  charter  shall  be  printed  with  a  stub 
which  shall  be  in  substantially  the  fol- 
lowing form: 

,  No Never  detach  this  num- 
ber   from    stub.      Voter's    name 

Street .No    

If  the  voter  is  challenged,  write  (chal- 
lenged)      Here.      If    the 

voter    is    sworn    wi'ito    (sworn) 


14 


here.     If    the    ballot    is    spoiled    or    not 

voted,    write    (spoiled) here. 

jerf orated    line     

When  voter   returns   ballot,   detach  this 
number,   No perforated   line 

All  ballots  shall  be  printed  on  white 
paper  of  not  less  than  twenty  (20) 
pounds  weight.  Sample  ballots  shall  be 
printed  on  colored  paper  of  light  weight. 
The  ballots  for  each  precinct  shall  be 
numbered  consecutively,  from  one  (1) 
up  to  the  number  required  in  each  pre- 
cinct. 

Sec.  24.  The  following  voting  pre- 
cincts are  hereby  created  and  establish- 
ed, as   follows: 

Precinct  No.  1.  All  that  part  of  the 
territory  included  within  the  corporate 
limits  of  the  City  of  Collinsville,  as  are 
now  constituted  or  may  be  hereafter 
constituted,  lying  north  of  the  center 
line  of  Main  street  and  east  of  the  cen- 
ter line  of  Brown  avenue. 

Precinct  No.  2.  All  that  part  of  the 
territory  included  within  the  corporate 
limits  of  the  City  of  Collinsville,  as  are 
now  constituted  or  may  hereafter  be 
constituted,  lying  north  of  the  center 
line  of  Main  street  and  west  of  the  cen- 
ter line  of  Brown  avenue. 

Precinct  No.  3.  All  th^t  part  of  the 
territory  included  with  in  the  corporate 
limits  of  the  City  of  Collinsville,  as  are 
now  constituted  or  may  hereafter  be 
constituted,  lying  south  of  the  center 
line  of  Main  street  and  north  of  the 
center  line  of  High  street. 

Precinct  No.  4.  All  that  part  of  the 
territory  included  with  in  the  corporate 
limits  of  the  City  of  Collinsville,  as  are 
now  constituted  or  may  hereafter  be 
constituted,  lying  south  of  the  center 
line  of  High  street. 

Sec.  25.  When  the  registration  rec- 
ords show  that'  there  are  more  than 
Two  Hundred  voters  in  any  precinct, 
the  Board  of  Commissioners  shall  re- 
district  the  city  in  such  manner  as  to 
equalize  the  number  of  voters  in  the 
various   precincts,  and   if   necessary   cre- 


ate new^  precincts.  Such  action  must  be 
done  by  resolution  and  be  published 
two  times  in  some  newspaper  of  gen- 
eral circulation  in  the  city,  and  not  less 
than  three  days  between  each  publica- 
tion, and  said  redistricting  shall  be  done 
more  than  ten  (10)  days  before  any 
election. 

Sec.  26.  The  commissioners  shall  pur- 
chase a  wax  seal  for  each  precinct  which 
shall  be  one  inch  in  diameter  and  around 
the  edge  shall  be  the  word  "Precinct" 
and  in  the  center  the  number  of  the 
precinct.  One  wax  seal  to  be  used  in 
preserving  the  voted  ballots. 

Sec.  27.  All  elections  held  under  the 
provisions  of  this  charter  the  polls  shall 
be  opened  at  the  hour  of  eight  (8) 
o'clock  in  the  forenoon  and  be  kept  open 
continuously  until  the  hour  of  six  (6) 
o'clock  in  the  afternoon. 

Sec.  28.  The  term  of  office  of  the 
three  commissioners  elected  at  the  first 
election  of  officers,  held  under  the  pro- 
visions of  this  charter,  shall  commence 
on  the  fifth  (5th)  day  after  the  date  of 
the  issuance  of  the  certificate  of  elec- 
tion, by  the  County  Election  Board; 
provided,  that  such  day  is  on  Sunday 
or  a  legal  holiday,  in  which  event,  it 
shall  begin  on  the  day  following. 

Sec.  29.  It  shall  be  the  duty  of  the 
Secretary  of  the  County  Election  Board 
to  notify  the  Mayor  of  the  City  of  Col- 
linsville of  the  issuance,  and  the  date  of 
the  certificates  of  election  of  the  three 
commissioners  as  herein  provided.  It 
shall  be  the  duty  of  the  Mayor  of  said 
city  to  call  a  special  meeting  of  the 
council  of  said  city  to  convene  on  the 
fifth  (5th)  day  after  the  date  of  certifi- 
cates of  election  of  the  three  commis- 
sioners, at  the  hour  of  seven-thirty 
(7:30)  o'clock  p.  m.:  Provided,  that  if 
such  day  be  Sunday  or  a  legal  holiday, 
that  said  meeting  sliall  be  held  on  the 
day  following.  All  elected  or  appointed 
officers  of  said  city  shall  bo  notified  of 
said  special  meeting,  and  they  shall  then 
and  there  deliver  to  said  commissioners, 
all  moneys.  ])apprs.  books,  records,  prop- 


15 


erty  and  all  things  of  every  character 
appertaining  thereto  or  belonging  to 
their  respective  offices  er  in  their  cus- 
tody, and  the  commissioners  shall  issue 
to  the  officer  surrendering  said  things, 
a  receipt,  which  shall  be  in  duplicate, 
and  the  original  shall  be  delivered  to 
the  officer  making  delivery,  and  the 
duplicate  shall  be  a  part  of  the  record 
of  the  office  of  the  commissioner.  All 
commissioners  and  other  officers  of  the 
city  shall  always  take  a  receipt  for  any- 
thing delivered  to  another  officer  or  per- 
son, and  such  receipt  shall  be  a  part 
of  the  records  of  their  office. 

Sec.  30.  In  the  first  election  held  un- 
der the  provisions  of  this  charter  the 
candidate  will  file  as  "Candidate  for 
Commissioner  for  One  Year  Term." 
"Candidate  for  Commissioner  for  Two 
Year  Term."  "Candidate  for  Commis- 
sioner for  Three  Year  Terra."  After  the 
first  term  filings  will  be  made  as  "Can- 
didate for  Commissioner"  except  in  case 
of  filings  for  unexpired  term,  then  the 
filing   will   be    made   as    "Candidate   for 

Unexpired    Terra   of (give 

name  of  the  party  whose  term  is  unex- 
pired and  is  to  be  filled.) 
Article  V. 
Police  Department. 

Section  1.  Police  Powers.  The  City 
of  Collinsvillc  shall  have  power,  by  ordi- 
nance duly  passed:  To  establish  and 
maintain  a  City  Police  Department,  pre- 
scribe the  duties  of  policemen  and  regu- 
late their  conduct. 

Sec.  2.  To  permit,  forbid  or  regulate 
theatres,  balls,  dance  houses  and  other 
public  amusements,  and  to  suppress  the 
same  whenever  the  preservation  of  or- 
der, tranquility,  public  safety  or  good 
morals   may   demand. 

Sec.  3.  To  prohibit  dram  shops,  drink- 
ing saloons  and  other  places  where  in- 
toxicating liquors  are  sold,  and  to  close 
variety  theatres  when  necessary,  expe- 
dient or  advisable. 

Sec.  4,  To  prohibit  and  punish  keep- 
ers and  inmates  of  bawdy  houses  and 
vnvioty   shows,  to  prevent  and  suppress 


assignation  houses  and  houses  of  ill 
fame,  and  to  regulate,  colonize  and  seg- 
regate the  same,  to  determine  such  in- 
mates and  keepers  to  be  vagrants,  and 
provide  for  the  punishment  of  such  per- 
sons, and  to  prevent  all  desecration  of 
the  Sabbath,  commonly  called  Sunday, 
and  to  prevent  all  kinds  of  public  inde- 
cencies. 

Sec.  5.  To  inspect  weights  and  meas- 
ures, fix  standards  of  weights  and  meas- 
ures, and  to  fix  penalties  for  not  using 
or  conforming  to  the  same,  and  to  pro- 
vide that  inspection  fees  may  be  fixed 
by  ordinance. 

Sec.  6.  To  make  all  needful  and  prop- 
er regulations  concerning  keepers  of 
hotels,  taverns,  and  other  public  houses, 
draymen,  horse  drivers,  water  carriers, 
omnibus  drivers,  hack  drivers,  drivers 
of  baggage  wagons,  and  other  vehicles; 
to  establish  maximum  rates  for  all 
kinds  of  transportation  within  the  city 
limits,  to  prevent  extortion  and  to  pre- 
serve order  and  prevent  noise  and  con- 
fusion in  and  about  the  several  depots 
on  the  arrival  and  departure  of  railway 
trains,  and  to  provide  how  and  where 
hacks  or  other  vehicles  shall  stand  or 
take  their  position  upon  the  streets  ad- 
jacent or  near  the  said  depots,  and 
where  they  sharll  stand  when  not  receiv- 
ing or  discharging  passengers. 

Sec.  7.  To  suppress  gambling  houses 
and  to  punish  keepers  of  gambling 
houses  and  pool  sellers,  and  all  persons 
who  play  cards  or  games  of  chance  of 
any  kind,  and  to  punish  persons  who 
sell  lottery  tickets  or  who  advertise  lot- 
tery drawings  or  schemes  and  results  of 
drawing  of  lotteries. 

Sec.  8.  To  provide  for  the  regulation 
of  bakers  and  to  prescribe  the  weight, 
quality  and  price  of  bread  manufactured 
or  sold  in  the  City  of  Collinsville,  ac- 
cording to  the  price  of  the  material  or 
otherwise,  and  to  provide  for  the  in- 
sj>ection  of  milch  cows,  whether  kept 
within  the  city  or  without  the  city  lim- 
its, from  which  milk  is  sold  within  the 
city,   and   to   provide   for   the   inspection 


16 


of  tilt;  iiiilk  offered  for  sale,  and  to  pre- 
i  iibe  the  fees  to  be  charged  therefor. 

Sec.  9.  To  establish  and  regulate  pub- 
lic grounds,  and  to  regulate  and  restrain 
and  prohibit  the  running  at  large  of 
horses,  mules,  cattle,  sheep,  swine, 
goats,  chickens,  geese  and  pigeons  and 
to  authorize  the  distraining,  impound- 
ing and  sale  of  the  same  for  the  cost  of 
the  proceedings  and  the  penalty  incurred 
and  to  order  their  destruction  when 
they  cannot  be  sold,  and  to  impose  pen- 
alties upon  the  owners  thereof  for  the 
violation  of  any  ordinances  regulating 
or  prohibiting  the  same,  and  impose 
penalties   for   non-payment   of   said   tax. 

Sec.  10.  To  tax,  regulate,  restrain 
and  prohibit  the  running  at  large  of 
dogs,  and  to  authorize  theiF  destruction 
when  at  large  contrary  to  ordinances, 
and  to  impose  penalties  upon  the  own- 
ers and  keepers  thereof;  provided  that 
any  dog  running  at  large  may  be  im- 
"diately    destroyed. 

Sec.  11.  To  prohibit  and  restrain  or 
regulate  the  rolling  of  hoops,  the  flying 
of  kites  and  firing  of  firecrackers,  the 
use  of  velocipedes,  roller  skates  and  bi- 
cycles, sling-shots,  and  the  use  of  any 
pyrotechnic  or  any  other  amusement  or 
practices  tending  to  annoy  persons  pass- 
ing upon  the  streets  or  sidewalks,  or  to 
frighten  horses  and  teams. 

Sec.  12.  To  restrain  and  prohibit  the 
ringing  of  bells  or  blowing  of  horns, 
bugles  and  whistles,  crying  of  goods, 
and  all  other  noises,  practices  and  per- 
formances tending  to  the  collection  of 
persons  in  the  streets  or  sidewalks,  by 
auctioneers  and  others  for  the  purpose 
of   business,  .amusement   or  otherwise. 

Sec.  13.  To  prohibit  mendicants,  beg- 
gars or  persons  of  infirm  or  maimed 
bodies,  or  suffering  with  diseases  of  any 
kind,  from  soliciting  alms,  help  or  as- 
sistance upon  the  streets  or  sidewalks 
of  said  city,  and  to  prescribe  a  penalty 
by  fine  of  non-observance  thereof. 

Sec.  14.  To  prohibit  and  regulate  the 
ringing  of  bells  and  blowing  of  whistles 
of  railroad  engines  or  locomotives  with- 


in  the  city   limits,  and  to   regulate   and 
control  the  speed  thereof. 

Sec.  15.  To  regulate  and  control  or 
prevent  the  driving  of  cattle,  horses  and 
all  other  animals  into  or  through  the 
city. 

Sec.  10.  To  prevent  all  trespasses  and 
breaches  of  the  peace  and  good  order, 
assault  and  batteries,  fighting,  quarrel- 
ing, using  abusive,  profane  and  insult- 
ing language,  misdemeanors  and  all  dis- 
orderly conduct  and  to  punish  all  per- 
sons thus   offending. 

Sec.  17.  To  require,  on  due  notice,  all 
steam  or  street  railway  companies  own- 
ing tracks  within  the  city  limits,  upon 
the  public  streets  or  highways  of  said 
city,  which  may  have  been  or  may 
hereafter  be  abandoned  by  said  compa- 
nies by  non-use,  to  remove  such  tracks 
and  to  restore  at  their  own  expense  the 
street  or  way  upon  which  such  abandon- 
ed track  is,  located  to  its  former  condi- 
tion. 

Sec.  18.  To  prohibit,  prevent  and  sup- 
press horse  racing,  immoderate  riding 
and  driving  in  the  streets  of  said  city. 

Sec.  19.  To  prohibit  cruel  treatment 
of  animals  and  to  punish  the  abusers 
of  animals. 

Sec.  20.  To  compel  persons  to  fasten 
their  horses  or  other  animals  attached 
to  vehilces  or  otherwise  hitched,  or 
standing  in  the  streets.  \ 

Sec.  21.  To  restrain  and  punish  vag-' 
rants,  mendicants,  beggars  and  prosti- 
tutes. 

Sec.  22.  To  regulate  and  control  the 
sale,  giit,  barter  or  exchange  of  cocaine, 
opium,  morphine  and  salts  thereof. 

Sec.  23.  To  license,  tax  and  regulate 
auctioneers,  clairvoyants,  contractor, 
druggists,  hawkers,  peddlers  palmists, 
bankers,  brokers,  pawnbrokers,  mer- 
chants of  all  kinds,  grocers,  confection- 
ers, restauranl^,  butchers,  taverns,  pub- 
lic boarding  houses,  billiard  tables  and 
other  gaming  tables,  bowlnig  alleys, 
drays,  hacks,  carriages,  omnibuses,  cars, 
wagons  and  other  vehicles  used  in  the 
city  for  pay.  liay  scales,  lumber  dealers, 


17 


undortakera,  furniture  dealers,  saddlery 
or  harness  dealers,  stationers,  jewelers, 
livery  stable  keepers,  real  estate  agents, 
express  companies  or  agencies,  telegraph 
companies  or  agencies,  life  or  fire  in- 
surance companies  or  agencies,  shows, 
theaters,  all  kinds  of  exhibitions  for 
pay,  and  all  other  trades,  professions, 
occupations  and  callings  of  every  kind. 
To  license  and  regulate  any  itinerant  or 
transient  vendor  of  clothing  or  w^earing 
apparel  or  article  of  bedding  or  mer- 
chandise of  any  description  whatever, 
ticket  brokers,  or  scalpers,  or  dealers  in 
railway  tickets,  dealers  in  bankrupt  or 
fire  stock,  or  damaged  stocks  of  any 
kind,  second-hand  dealers,  pawn  brokers, 
junk  shops  and  dealers  in  junk,  and  all 
other^  business  or  occupations  whatever, 
which  in  the  opinion  of  the  Board  of 
Commissioners  shall  be  properly  subject 
to  police  regulation.  To  require  the 
person  or  persons  or  corporations  puj- 
suing  any  business  or  occupation  men- 
tined  in  this  section,  to  give  all  bonds 
in  such  amounts  and  under  such  condi- 
tion as  the  Board  of  Commissioners  may 
prescribe;  no  license  shall  be  assignable, 
except  by  the  permission  of  the  Board 
of  Commissioners. 

Sec.  24.  To  license,  tax,  regulate,  pre- 
vent or  suppress  paupers,  peddlers, 
pa\vtibrokers,  and  keepers  of  theatrical 
or  other  exhibitions,  shows  and  amuse- 
ments. To  license,  tax  and  regulate  or 
prohibit  theatres,  circuses,  moving  pic- 
ture shows,  and  exhibitions  of  common 
showmen,  and  of  shows  of  any  kind,  and 
the  exhibition  of  natural  or  artificial 
curiosities,  menageries  and  musical  ex- 
hibitions and  performances  and  to  regu- 
late and  license  or  prohibit  street  pa- 
rades, bill  posters,  pool  tables,  striking 
machines,  lung  testers,  doll  racks,  cane 
racks  and  exhibitions,  devices  and  things 
for  which  a  fee  is  chargQ^. 

Sec.  25.  To  prevent  all  prize  fights, 
boxing  matches,  sparring  exhibitions, 
cock  fighting  and  dog  fighting,  and  pun- 
ish all  persons   thus  offending. 

Sec.  26.     To  regulate,  control  and  i)ro- 


hibit  the  carrying  of  firearms,  and  other 
weapons  within  the  city  limits,  and  to 
provide  and  inflict  the  same  punishment 
therefor,  as  is  now  or  hereafter  may 
be  provided  by  state  laws  against  per- 
sons unlawfully  carrying  weapons. 

Sec.  27.  To  provide  workhouses  for 
vagabonds  and  disorderly  persons,  who 
are  unable,  or  refuse  to  pay  fines,  or 
who  have  been  sentenced  to  fine  and  im- 
prisonment, or  to  compel  them  to  work 
on  the  streets,  alleys  and  public  works, 
and  make  all  necessary  regulations  con- 
cerning the  same,  and  to  provide,  keep 
and  regulate  a  city  prison. 

Sec.  28.  To  define  what  shall  be 
nuisances  in  the  city,  and  within  one 
thousand  feet  of  the  corporation  line 
outside  of  the  city  limits,  and  to  abate 
such  nuisances  by  summary  proceedings 
and  to  punish  the  authors  thereof  by 
penalties,   fines   and   imprisonment. 

Sec.  29.  To  prevent  dangerous  con- 
struction and  condition  of  chimneys, 
fireplaces,  hearths,  stoves,  stovepipes, 
boilers  and  other  heating  apparatus  and 
cause  the  same  to  be  removed  or  made 
safe. 

Sec.  30.  To  regulate  the  use  of  auto- 
mobiles, motor  cars,  motor  cycles,  or 
any  motor  vehicle  and  the  speed  there- 
of; to  prescribe  the  proper  lighting  of 
same  when  used  at  night;  to  issue  per- 
mits for  the  use  of  such  vehicles  and  to 
require   the  numbering  of   said  vehicles. 

Se6.  31.  To  control  and  regulate  the 
location  and  use  of  all  kinds  of  steam 
engines  and  steam  boilers  in  the  city 
and  prescribe  the  qualifications  of  per- 
sons operating  and  running  the  same, 
and  to  adopt  such  rules  and  regulations 
in  relation  thereto  as  may  seem  best 
for   the    public   safety   and   comfort. 

Sec.  32.  To  inspect  the  construction 
of  all  building  in  the  city  and  to  pre- 
scribe and  enforce  proper  regulations  in 
regard  thereto;  to  regulate  and  locate 
or  prohibit  the  erection  of  all  poles  in 
the  city,  and  cause  the  same  to  be 
changed     whether     telegraph,    telephone, 


18 


electric   light  or   otherwise. 

Sec.  33.  The  city  shall  have  power 
to  establish,  maintain  and  regulate  a 
city  prison,  workhouse  and  other  means 
of  punishment,  for  vagrancy,  city  con- 
victs and  disorderly  persons,  houses  of 
correction  and  reformatories  for  youth- 
ful criminals. 

See.  34.  The  City  of  Collinsville  shall 
have  the  power  to  regulate  depots, 
depot  grounds  and  places  of  storing 
freight  and  goods,  and  provide  for  the 
passage  of  railways  through  the  streets 
and  public  grounds  of  the  city;  also  to 
regulate  the  crossing  of  streets  by  rail- 
way tracks  and  require  gates  or  flag- 
men at  street  crossings,  and  to  provide 
precautions  and  prescribe  rules  regulat- 
ing the  same  and  to  regulate  the  run- 
ning of  railway  engines,  cars  and  trucks 
and  street  cars  within  the  limits  of  said 
city,  and  to  prescribe  rules  relating 
thereto,  and  to  govern  the  speed  thereof, 
and  to  make  any  other  and  further  pro- 
visions, rules  and  restrictions  to  prevent 
accidents  at  crossings  and  on  the  tracks 
of  railways  and  street  railways  and  to 
prevent  fires  from  engines. 

Sec.  35.  To  regulate,  locate  and  pro- 
hibit the  stringing  or  placing  of  tele- 
graph, telephone,  electric  or  other  wires 
and  to  enforce  such  regulation  in  re- 
gard thereto,  and  to  require  and  regu- 
late the  placing  of  any  such  telegraph, 
telephone,  electric  or  other  wires  under 
ground. 

Sec.  30.  To  regulate  or  prohibit  the 
keeping  of  cows,  hogs,  goats,  dogs, 
chickens,  geese  or  pigeons  within  the 
city  or  within  certain  prescribed  limits 
of  the  city. 

Article  VI. 
Police    Court. 

Section  1.  There  shall  be  a  court  for 
the  trial  of  all  misdemeanor  offenses, 
and  shall  be  known  as  the  "Police 
Court." 

The  Magistrate  of  said  court  shall 
be  known  as  the  "Police  Judge."  The 
appointment  to  the  office  of  Police 
Judge  to  be  made  by  the  Business  Man- 


ager and  confirmed  by  the  Board  of 
Commissioners,  who  shall  fix  his  salary. 
Said  Police  Judge  may  hold  other  of- 
ficial position  under  the  city,  when  the 
offices  are  combined  as  one  by  ordi- 
nance. 

Sec.  2.  Jurisdiction.  The  Judge  of 
the  Police  Court  shall  have  original  ex- 
clusive jurisdiction  to  hear  and  deter- 
mine all  offenses  against  the  charter 
and  the  ordinances  of  the  city;  he  shall 
keep  a  docket  in  which  he  shall  enter 
every  cause  commenced  before  him  as 
Judge  of  the  Police  Court.  If  the  Po- 
lice Judge  be  absent  or  sick  or  disquali- 
fied from  acting,  the  chairman  of  the 
Board  of  Commissioners  shall  be  ex-of- 
iicio  Police  Judge  and  shall  act  instead 
of  said  Police  Judge,  until  such  absence 
or  disqualification  shall  cease,  and  all 
acts  and  doings  of  said  Chairman  of  the 
Board  of  Commissioners,  w^hile  acting  as 
such  Police  Judge,  shall  be  effective  and 
binding,  and  have  the  same  effect  as  if 
done  by  the  said  Police  Judge.  If  the 
Police  Judge  or  Chairman  of  the  Board 
of  Commissioners  be  absent  or  sick  or 
disqualified  from  acting,  the  other  mem- 
ber of  the  Board  of  Commissioners  hold- 
ing the  longest  term  of  the  Board 
of  Commissioners  elected  under  the  pro- 
visions of  this  charter,  shall  be  ex-  of- 
ficio Police  Judge,  and  shall  act  instead 
of  said  Police  Judge,  and  all  acts  and 
doings  of  said  commissioner,  while  act- 
ing as  such  Police  Judge,  shall  be  ef- 
fective and  binding,  and  have  the  same 
effect  as  if  done  by  said  Police  Judge. 
If  the  Police  Judge,  or  Chairman  of  the 
Board  of  Commissioners,  or  the  com- 
missioner above  mentioned,  shall  be  ab- 
sent or  sick  or  disqualified  from  acting, 
the  other  member  of  the  Board  of  Com- 
missioners shall  be  ex-officio  Police 
Judge,  and  shall  act  instead  of  the  said 
Police  Judge,  and  all  acts  and  doings  of 
said  commissioner,  while  acting  as  such 
Police  Judge,  shall  be  effective  and 
binding,  and  have  the  same  effect  as  if 
done  by  said  Police  Judge. 

Sec.   3.     Powers  of  Police  Judge.  The 


19 


l^olice    Judge    shall    have    power    under 
tlio  provisions  of  this  charter  to  enforce! 
obedience  to  all  .Orders,  Tules,  judgments 
and  decrees  made  by  him;   he  may  fine  ^ 
or    imprison    for   contempt   offered     him  j 
while    holding   his    court,    or   to    process ; 
issued  or   orders   made   by   him,   in   the  '■ 
same    manner    as    provided    for     district ' 
courts.    On  the  trial  of  any  case  in  said  ] 
court  it  shall  be  the  duty  of  said  Police ; 
udge    to  sign  '  any    bill    of    exceptions ' 
rendered   to   the   court,   during   the   pro-  j 
gress  of  such  trial;   provided,  tlie  truth; 
of    the    matter    be    fairly    stated,    and 
thereupon  said  exception  shall  be  enter- 
ed  in   the   record    of   such   trial   and  be-, 
come  a  part  thereof,  and  any  fiinal  con- ; 
viction,    sentence    or    judgment  of    said 
court  may  be  examined  by  the  district ' 
court   of   this   county,   on    writ   of   error  j 
which    may    be    allowed  by  the  district 
court,  or  the  judge  thereof,   for  suffici- 
ent cause,  and  proceedings  may  be  stay- ; 
ed   as   may   be   deemed   reasonable,   and 
the    revising    court    shall    in    such    pro- 
ceedings take  judicial   notice  of   all   the 
ordinances   of   the    City    of   Collinsville. 
Cases  tried  before  the  Police  Court,  aris- 
ing under  the  city  ordinances,  shall  be 
tried    and.    determined,    by     said     Police 
Judge    without    the     intervention     of     a 

Sec.  4.  Office.  The  Board  of  Com- 
missioners shall  provide  some  suitable 
room  in  the  City  Hall  in  which  the  Po- 
lice Judge  shall  hold  his  court,  and  his 
court  sliall  be  open  every  day  except 
Sunday  and  legal  holidays.  His  court 
shall  be  in  session  not  less  than  one 
hour  at  some  certain  time  of  each  day, 
and  may  be  convened  at  any  reasonable 
time  during  every  day  for  the  transac- 
tion of  such  business  as  may  properly 
come  before  it. 

Sec.  5.  Prosecutions.  All  prosccu- 
tibns  for  violations  of  any  provision  of 
this  charter  or  of  the  ordinances  of  the 
city  shall  be  entitled  "City  of  Collins- 
ville, plaintiff,  vs. defendant. 

The    Police   Judge    shall     state     in     his 

<]ockct     Ou>     lu.ino      n\       <lu"      r.nuinni;„^,,,t. 


the  nature  and  character  of  the  offense, 
the  date  of  the  trial,  the  names  of  all 
witnesses  sworn  and  examined,  the 
finding,  and  judgment  or  fine  and  costs, 
the  date  of  the  payment,  the  date  of 
issuing  commitment,  if  any,  and  every 
other  fact  necessary  to  show  the  full 
proceedings  in  such  case;  the  complaint, 
when  made  by  the  Chief  of  Police,  As- 
sistant Chief  of  Police,  regular  or  spe- 
cial policeman  against  any  person  when 
accused  is  not  in  custody,  the  complaint 
shall  be  in  writing,  and  sworn  to  before 
a  warrant  be  issued  for  his  arrest.  In 
no  case  shall  a  judgment  of  conviction 
be  rendered,  except  upon  sufficient  legal 
testimony  given  on  a  public  trial,  or 
upon  a  plea  of  guilty  made  in  open 
court. 

Sec.  6.  Docket.  The  Board  of  Com- 
missioners shall  furnish  the  Police 
Judge  with  a  suitable  docket,  and  he 
shall  deliver  said  docket  and  all  papers 
and  other  things  pertaining  to  his  of- 
fice, at  the  expiration  of  his  tenure  of 
office  to  the  Board  of  Commissioners. 

Sec.  7.  Warrants,  Special  Duty.  All 
warrants  issued  by  the  Police  Judge 
shall  be  directed  to  the  Chief  of  Police, 
and  such  warrants  may  be  executed  by 
him,  the  Assistant  Chief  of  Police,  reg- 
ular or  special  policeman,  the  sheriff  of 
the  county  or  any  constable  of  the  city. 
The  sheriff  or  constable  making  such 
service  shall  be  entitled  to  receive  there- 
for such  fees  as  are  allowed  them  by 
law  for  similar  services,  to  be  taxed  as 
cost.  In  case  of  the  absence  of  the  of- 
ficer from  the  court,  the  Police  Judge 
shall  deputize  some  suitable  person  to 
execute  any  process  issued  by  him. 

Sec.  8  Trial  Forthwith.  When  any 
person  shall  be  arrested  and  brought 
hefore  the  Police  Judge,  it  shall  be  his 
duty  to  hear  and  determine  the  com- 
plaint alleged  against  the  defendant 
forthwith,  unless  for  good  cause  the 
trialvbe  postponed  to  a  time  certain;  in 
which  case  he  shall  require  the  defen- 
dant to   enter  into  a  recognizance   with 

^utfi^-ioTit     s;iir<"<v      .'niulitioiiod      t1uit      hn 


v'ill  iippear  beforo  the  said  .fudge,  at  the 
i  imc     and    place     appointed,     then     and 


render  accordingly,  and  tor  cost  of  suit, 
and  that  the  defendant  stand  committed 
until  the  judgment  is. complied  with. 

Sec.     13.     Discharge.     Any    defendant 

committed   under   the   provisions   of   the 

charter,  may  be  discharged  on  payment 

to    answer   said   complaint    as    of   fine   and  costs,   or   on   perfecting   an 


iiere    to    answer    to    complaint    alleged 
::;;ainst    him,    and    if    he    fail    or    refuse 

)  enter  into  such  recognizance,  the  de- 

ndant    shall    be    committed    to    prison 

nd   held 
aforesaid. 

Sec.  9.  Breach  of  Bond.  In  case  of 
the  breach  of  any  recognizance  entered 
into,  as  aforesaid,  the  same  shall  be 
deemed  and  declared  forfeited,  and  the 
Chairman  of  the  Board  of  Commission- 
ers shall  cause 'the  same  to  be  proae- 
euted  against  the  principal  and  surety, 
or  the  surety  alone.  Such  action  shall 
be  in  the  name  of  the  city  as  plaintiff. 
Mid  may  be  prosecuted  into  the  district 
ourt  of  this  county  on  the  transcript  of 
tlie  proceedings  before  the  Police  Judge, 
and  a  copy  of  such  recognizance  cer- 
tified by  the  Police  Judge,  and  all  mon- 
•  'vs    recovered    in    such    action    shall    be 

;iid   over  to   the  City  Treasury   to   the 
general  revenue  fund  of  the  city. 


appeal    as   hereinafter   provided. 

Sec.  14.  Appeal.  In  all  cases  before 
the  Police  Judge  arising  under  the  ordi- 
nances of  the  city,  an  appeal  may  be 
taken  by  the  defendant  to  the  district 
court,  but  no  such  appeal  shall  be  al- 
lowed unless  the  defendant,  within  ten 
days,  shall  enter  a  recognizance,  with 
good  and  sufficient  sureties,  to  be  ap- 
proved by  the  Police  Judge,  conditioned 
for  the  personal  appearance  of  the  ap- 
plicant before  the  district  court  of  the 
countw  on  the  first  day  of  the  next 
term  thereof. 

Sec.  15.  Unjust  Prosecution.  Cost. 
If  upon  trial  before  the  Police  Judge, 
or  the  district  court,  it  appears  to  the 
satisfaction  of  the  court,  that  the  prose- 


Sec.  10.  \Y^^tness  Fees.  It  shall  be  i  cuion  was  commenced  without  probable 
tlio  duty  of  the  Police  Judge  to  sum- 1  cause,  and  from  malicious  motives,  the 
mons  all  persons  whose  testimony  may  |  court  shall  state  the  name  of  the  prose- 
be  deemed  essential  as  witnesses  at  the  j  cutor  or  complainant  in  the  finding,  and 
trial,  and  to  enforce  ttieir  attendance  by  I  shall     impose     the     cost    of    prosecution 


attachment,   if   necessary;    each   witness 

liall    receive    the    sum    of    seventy-five 

cents  if  the  time  does   not  exceed  one- 


day  he  shall  receive  the  sum  of  one  dol- 
lar and  fifty  cents  for  each  day's  atten- 
dance  or   major  portion  thgreof. 


upon  him;  and  judgment  shall  be  ren- 
dered against  such  prosecutor,  or  com- 
plainant,  that   he    pay   such   costs,   and 


half    day,    but    if    more     than     one-half   stand    committed    until    the     same    are 


paid. 

Sec.  16.     Ooaths.     Contempt.     The  Po- 
lice  Judge   shall   have   power   to   admin - 


Sec.  11.     Continuance  of  Trial.     When    ister  the  oaths,  and  enforce   due  obedi- 
a  trial  shall  be  continued  by  the  Police !  ence   to   all   orders,   rules   and  judgment 


Judge  it  shall  not  be  necessary  to  sum- 
mons any  witnesses  who  may  be  pres- 
ent   at   the    continuance,   but    the    judge 


made  by  him,  and  may  fine  or  imprison, 
or  both,  for  contempt  offered  to  him, 
while    holding   his    court,    or    to    process 


shall  verbally  notify  such  witnesses   as  i  issued  by  him  in  the  same  manner  and 
either  party  may  require  to  attend  be- 1  the  same  extent,  as  the  district  court, 
fore  him  to  testify  in  the  cause,  on  the       Sec.  17.     Monthly  Report.     The  Police 
day   set    for   trial,'  which    verbal    notice  Judge  shall  make  a  monthly  report  and 


-liall  be  as  valid  as  a  summons 


^hall   file  the   same  with   the   Board  of 


1 


Sec.  12.     Judgment.     If  the  defendant :  Commissioners  on  the  first  day  of  each 
plead    or    be    found    guilty,     the     Police  j  month    for    the    month     preceeding    and 
Judge  shall  declare  and  assess  the  pun-  j  the   same   shall  be   in   substantially  the 
ment    prescribed    by    ordinance,    and   form  now   in  use.     Said  report  shall  be 


21 


published  in  some  newspaper  published 
in  and  of  general  circulation  in  the  city. 
No  fictitious  name  shall  be  used  on  the 
police  docket  or  in  the  monthly  report. 
Article  VII. 
Recall   of  Officers. 

Section  1.  Any  commissioner  under 
this  charter  may  be  removed  from  of- 
fice oy  the  qualified  electors  of  the  city. 
A  petition  asking  for  the  recall  of  the 
commissioner  sought  to  be  removed 
shall  be  in  substantially  the  following 
form,  to-wit: 

Petition  for  Recall. 
State    of  Oklahoma,  County   of  Rogers, 

City  of  Collinsville,  ss: 
To    the    Honorable    Board    of   Commis- 
sioners   of    the   City    of    Collinsville, 

Oklahoma: 

We,  the  undersigned  citizens  and 
legal  voters  of  the  City  of  Collinsville, 
Oklahoma,  respectfully  order  that  you 
call  an  election  within  not  less  than  fif- 
teen (15)  days  and  not  more  than  thirty 
(30)  days  from  the  date  of  the  filing 
of  this  petition  with  your  honorable 
body  for  the  purpose  of  recalling,  (give 
name  of  person  and  his  official  title). 
The  reasons  for  the  recall  of  the  said 
(give  \ame  of  person  sought  to  be  re- 
called and  his  official  title)  are:  (Insert 
here  specifically  the  reasons  for  the  re- 
call of  the  said  person),  name,  street 
and  number  (if  the  street  is  not  num- 
bered give  the  lot  and  block  number, 
arid  if  it  be  in  an  addition  to  the  City 
of  Collinsville,  give  the  name  of  the 
addition). 

(Here  follow  twenty  numbered  lines 
for   signatures.) 

Verification  of  Signatures.  Each  and 
every  sheet  of  every  such  petition  con- 
taining signatures  shall  be  verified  on 
the  back  thereof,  in  substantalfy  the 
following  form,  by  the  person  who  cir- 
culated said  sheet  of  said  petitions,  by 
his  or  her  affidavit  thereon  and  as  a 
part  thereof: 
Stnto   of   Oklnhoma,   County   of   Rogers, 


,  being  first 


duly  sworn,  say:  (Here  shall  be  type- 
written the  names  of  the  signers  of  the 
sheet)  signed  this  sheet  for  the  forego- 
ing petition,  and  each  of  them  signed 
his  name  thereto  in  my  presence;  I  be- 
lieve that  each  has  stated  his  name,  and 
address  correctly,  and  that  each  signer 
is  a  legal  voter  of  the  City  of  Collins- 
ville, Oklahoma.  (Signature  an(^  street 
address  of  the  affiant.)     Subsoribed  and 

sworn    to   before   me,   this day 

of... A.  D.   19.... 

(Signature  and  title  of  officer  before 
whom  oath  is  made.) 

Pamphlets.  Signatures.  Each  recall 
petition  shall  be  in  duplicate  for  the 
securing  of  signatures,  and  each  sheet 
for  signatures  shall  be  attached  to  a 
copy  of  the  petition.  Each  copy  of  the 
petition  and  sheets  for  signatures  is 
hereinafter  termed  a  pamphlet.  Not 
more  than  twenty  signatures  on  one 
sheet  shall  be  counted.  All  recall  peti- 
tions and  sheets  for  signatures  shall  be 
printed  on  sheets  seven  and  one-half 
inches  in  width  by  thirteen  inches  in 
length,  and  there  shall  be  a  margin  at 
the  top  of  not  less  than^  one  inch  for 
binding,  the  aforesaid  sheets  shall  be 
bound  in  one  or  more  volumes  and  each 
volume  shall  have  a  certified  copy  of 
the  results  of  any  election  held  by  rea- 
son of  such  petition.  If  no  election  shall 
be  held  thereon  the  reason  thereof  shall 
be  so  certified  to  by  the  commissioner 
in  whose  office  said  petition  was  filed. 
Each  Recall  Petition  shall  be  consecu- 
tively numbered  and  shall  become  a 
part  of  the  records  of  the  office  of  the 
Board  of  Commissioners. 

A  petition  asking  for  the  recall  of  the 
commissioner  sought  to  be  removed, 
shall  be  filed  in  the  office  of  one  of  the 
commissioners  not  affected  by  said  peti- 
tion. It  shall  be  the  duty  of  the  com- 
missioner in  whose  office  said  petition 
is  filed  to  immediately  deliver  a  certi- 
fied copy  of  said  petition  to  the  com- 
missioner affected,  and  to  cause  said 
petition  to  be  published  in  some  news- 
paper published  in  said  city  and  of  gen- 


22 


eral  circulation  in  said  city,  and  he 
shall  post  a  true  copy  in  a  public  place 
in  the  City  Hall,  within  three  days 
after  the  filing  of  said  petition  in  his 
office.  Whereupon  the  two  (2)  commis- 
sioners not  affected  by  said  petition 
shall  compose  the  Board  of  Commis- 
sioners for  the  purpose  of  acting  upon 
the  said  petition  and  they  shall  issue 
a  proclamation  calling  an  election  for 
the  purpose  of  voting  upon  the  recall 
of  the  commissioner  sought  to  be  re- 
moved, and  said  election  shall  be  held 
not  less  than  fifteen  nor  more  than 
thirty  days  after  the  filing  of  said 
petition  With  the  commissioner.  In  the 
event  petitions  for  the  recall  of  two 
commissioners  are  filed  at  the  same 
time,  the  other  commissioner  is  author- 
ized to  act  in  the  capacity  of  said  Board 
of  Commissioners  as  herein  provided. 
No  petition  shall  be  sufficient  for  the 
recall  of  any  commissioner  unless  said 
petition  shall  contain  a  number  of 
names  equal  to  more  than  twenty-five 
percentum  of  the  total  number  of  votes 
east  at  the  last  annual  election  of 
officers. 

Sec.  2.  When  any  petition  for  the 
recall  of  any  commissioner  shall  have 
been  filed,  published,  certified  to  and 
delivered,  as  provided  herein,  it  shall  be 
the  duty  of  said  commissioner  to  whom 
said  petition  has  been  delivered  to  im- 
mediately call  a  meeting  of  the  Board 
of  Commissioners,  as  provided  herein, 
and  it  shall  be  the  duty  of  said  Board 
of  Commissioners  to  ascertain  whether 
or  not  said  petition  contains  a  suffici- 
ent number  of  signatures,  as  provided 
herein,  by  checking  same  with  the  last 
general  election  list,  and  if  said  petition 
contains  sufficient  legal  signatures,  it 
shall  be  the  duty  of  said  Board  of  Com- 
missioners to  order  and  fix  a  date  for 
holding  said  election,  as  herein  pro- 
vided. If  said  petition  shall  be  found 
to  contain  less  than  the  required  num- 
ber of  signatures,  the  said  Board  of 
Commissioners  shall  make  a  finding  to 
tliat  effect  and  shall  cause  said  finding 


to  be  published  in  a  newspaper  of  gen- 
eral circulation  in  the  City  of  Collins- 
ville. 

Sec.  3.  The  form  of  the  ballot  at 
such  special  election  shall  be  substanti- 
ally as  follows: 

Shan    (name   of   officer) be 

removed  from  the  office  of 

(name    of    office) 


Yes. 


No. 


The  voter  who  desires  to  vote  for  the 
removal  of  the  officer  shall  stamp  in 
the  square  to  the  left  of  the  word  "yes." 
The  voter  who  desires  to  vote  for  the 
retention  in  office  of  the  official  shall 
stamp  in  the  square  to  the  left  of  the 
word  "no."  If  a  majority  of  the  duly 
qualified  electors  voting  at  such  special 
election  shall  vote  "yes"  upon  the  offi- 
cial canvassing  and  announcing  of  the 
vote,  the  officer  shall  thereupon  ipso 
facto  be  removed  and  his  office  shall  be 
declared  vacant,  and  shall  be  filled  ac- 
cording to  the  provisions  of  this  char- 
ter. 

Sec.  4.  Said  election  shall  be  called 
and  conducted  and  the  result  announced 
in  all  respects  as  other  city  elections, 
except  as  herein  provided. 

Sec.  5.  No  recall  petition  shall  be  filed 
against  any  officer  until  he  shall  have 
held  his  office  for  at  least  four  months, 
nor  within  six  months  after  an  election 
has  oeen  held  upon  a  previous  petition 
for  recall  of  the  same  officer. 

Sec.  6.  No  person  who  has  been  re- 
called from  office,  or  who  has  resigned 
from  such  office  while  recall  proceedings 
Avere  pending  against  him,  shall  be  ap- 
pointed or  elected  to  any  office  or  em- 
ployment of  the  city  within  one  year 
after  such  recall  or  resignation. 

Sec.  7.  In  the  event  of  the  recall  of 
one  commissioner  the  other  two  com- 
missioners shall  constitute  the  Board  of 


23 


Commissioners  until  the  appointment  or 
election    and   qualification   of    a    succes- 
sor to  the  commissioner  recalled.    In  the 
event  of  the  recall  of  two  commission- 
ers  the    remaining    commissioner    shall 
constitute    the    Board   of   Commissioners 
until    the    appointment   or    election    and 
qualification    of    successors    to    the    two 
commissioners  recalled.     In  the  event  of 
the  recall  of  one  or  two  commissioners, 
tlie    Board    of    Commissioners    shall    im- 
mediately call   an   election   for  the   pur- 
pose of  electing  a  successor  to   fill  the 
unexpired  term  of  the  commissioner    or 
commissioners  recalled;   provided  that  it 
is  more  than  six  (6)  months  to  the  next 
annual  election.    If  it  be  six  (6)  months 
or  less  to  the  next  annual  election  the 
Board  of   Commissioners    shall    appoint 
ii  successor  or  successors  to  the  commis- 
sioner or  commisioners  recalled,  and  said 
appointee  or  appointees  shall  serve  until 
a  sucessor  or  successors  are  elected  and 
qualified.     Any  commissioner  elected  or 
appointed  to  fill  an  unexpired  term  shall 
qualify    and   give   the    same   bond   as    a 
commissioner  regularly  elected. 
Article  VIII. 
Section  1.  Work  on  Streets.  Each  male 
citizen    of    the    City    of   Collinsville,   be- 
tween the  ages  of  twenty-one  and  fifty 
years,    who    shall    have    resided    in    said 
city  for  thirty  days,  who  is  not  a  county 
or    township    charge,    and    who    has    not 
performed  road  or  street  duty  or  labor 
for   any  year,   shall   be   subject   to   per- 
form   street     duty     or     labor    upon    the 
streets    of    the    City    of    Collinsville    for 
such  year,  consisting  of  IVa  days'  single 
handed,   of   eight  hours   each,   one   day's 
work  of  eight  hours  by  man  with  team, 
or  furnish  a  substitute  to  perform  such 
street  duty  or  labor,  satisfactory  to  the 
P>oard  of  Commissioners  or  pay  to   the 
city  $2.50  in  cash  in  lieu  thereof. 

Sec.  2.  In  Lieu  of  Performance.  Each 
citizen  liable  for  the  performance  of 
such  street  duty  or  labor,  shall  be  re- 
quired to  so  perform  or  render  such 
service,  furnish  a  substitute  therefor,  or 
|),iy     the     money     in     lieu     thereof,     on 


demand  and  warning  and  all  such  street    •. 

I  duty   or   labor    shall    be    performed    or    . 

j  money    paid    prior    to    the    first    day    of  "" 

!  December  each  year.  • 

j      Sec.    3.     Actions   for   Neglect.     Every  ': 

1  citizen  who  shall  fail,  or  refuse  to  per-  ;" 

!  form  such  duty  or  labor,  furnish  a  sub-  -^ 

stitute    therefor,   or    pay    the   money    in  :\ 

lieu    thereof,    as    herein    provided,    upon  4 

demand  and  wariiing  shall  be  adjudged  .^ 

guilty   of  a  violation   of   the  provisions  j 

of   this  charter  and  be  subject  to  such  ; 

punishment  as  may  be  provWed  by  ordi-   , 

nance,   and   shall   also  be   liable   for   the  : 

said  sum  of  .$2.50  as  for  debt  to  be  re-  I 

covered  by  civil  action.  1 

Article  IX.  :: 

Section    1.     Style   of   Ordinance.     The  j. 

style  of  all  ordinances  adopted  for  the  1 

City  ot  Collinsville,  during  the  continu- ;^ 

ance    of    this    charter,    shall    be    "Be    iti 

Ordained  by   the   Board  of   Commission-  "-J 

ers  of  the   City  of  Collinsville.  Oklaho-  ' 

ma." 


All  prosecutions  for  violating  the  pro-  j 
visions  of  this  charter  or  any  ordinance  ^ 
of  the  City  of  Collinsville,  shall  be  en-  ^ 
titled,  "City  of  Collinsville,  Plaintiff,  vs.  j 
defendant."  "^ 

All  'ordinances  passed  by  the  Board  of  j 
Commissioners,  except  emergency  ordi-  ^ 
nances,  shall  take  effect  and  be  in  force  j 
at  the  end  of  thirty  days  from  the  date -4 
of  their  passage  and  publication,  unless^ 
otherwise  provided  in  this  charter.  J 

No  ordinance,  except  an  emergency  _; 
ordinance,  shall  be  enacted  on  the  day  1 
of  its  introduction,  but  all  ordinances,-- 
except  emergency  ordinances,  after  be- ^ 
ing  introduced  and  read  shall  lie  for  at  J 
least  one  week  before  being  finally  voted  1 
upon  and  adopted.  \ 

The  Board  of  Commissioners,  by  anj 
unanimous  vote,  may  pass  an  cmer- . 
gency  ordinance  when  the  public  peace,' 
public  health  or  public  safety  shall  de-  : 
mand  it.  Every  emergency  ordinance  i 
must,  as  a  part  of  the  title,  contain  thei 
words  "And  declaring  an  Emergency,", 
and  every  such  ordinance  shall,  in  aj 
s<q)Mnit<'    ><(H'fiou.    state    such    emergency- 


24 


jiiid  provide  that  such  ordinanee  shall 
take  effect  and  be  in  force  immediately 
upon    its   passage   and   publication. 

Except  as  otherwise  provided,  by  the 
Constitution  and  Laws  of  the  State,  all 
ordinances  shall  be  published  for  one  is- 
su<'  in  some  newspaper  of  general  circu- 
lation in  the  City  of  Collinsville,  such 
])ublication  to  be  commenced  within  five 
days  from  the  passage  of  the  ordinance. 

Every  ordinance  passed  by  the  Board 
of  Commissioners  shall  be  correctly  en- 
rolled by  the  Business  Manager  within 
the  next  succeeding  five  days,  or  as  soon 
thereafter  as  practicable,  and  the  enroll- 
ed copy  compared  with  the  ordinance  by 
the  City  Attoiney,  both  of  whom  shall 
endorse  on  the  enrolled  copy  the  words 
'Correct!}'  Enrolled,"  with  the  date 
thejcof  and  subscribe  'heir  names  there- 
to, which  endorsements  must  be  made 
within    five'  days   after  said   enrollment. 

Sec.  2.  Financial  Depositories.  No 
officer  shall  loan  any  of  the  funds  of 
tiie  city  to  any  person  or  otherwise  dis- 
))Ose  of  the  same  except  in  accordance 
with  the  law.  He  shall  deposit  moneys 
received  by  him  by  virtue  of  his  office  in 
tlie  banks  of  the  City  of  Collinsville 
without  discrimination  equally  as  near- 
ly as  may  be:  Provided,  that  any  bank 
receiving  deposits  of  the  city  money 
shall  be  required  to  execute  to  the  city 
a  bond  with  some  surety,  guarantee,  in- 
demnity, or  insurance  company,  organ- 
ized and  empowered  by  law  to  give  such 
bond,  and  authorized  by  law  to  do  busi- 
ness in  the  State  of  Oklahoma  in  the 
penal  sura  equal  to  the  maximum 
amount  deposited  in  any  such  bank, 
conditioned  to  save  the  city  harmless 
from  loss  by  reason  of  such  deposit 
during  all  the  time  that  such  money  or 
any  part  thereof  shall  so  remain  on  de- 
posit in  such  bank,  and  such  bond  shall 
be  approved  and  filed  in  the  same  man- 
ner as  other  officers'  bonds:  Provided, 
tliat  such  city  banks  designated  as  de- 
positories, may.  in  lieii  of  the  surety 
bond  above  referred  to  deposit  with  the 
fity    good    nnd    sufficient    T'nited    States 


bonds,     State,     County,     Municipal     or 

School  District  Bonds  or  Warrants,  local 

improvement    bonds    or    warrants    upon 

which  the  principal  or  the  interest  is  not 

j  in    default    at   the   time   of   the   deposit, 

and    aggregate    market    value    of    which 

!  shall  not  be   less   than   the   amount   de- 

I  posited    in    such    bank.      Said    securities 

j  shall  be  subject  to  the  approval  of  the 

!  Board  of  Commissioners.     And  provided, 

j  further,   that   such   banks   so   designated 

I  as  depositories  shall  be  required  to  pay 

I  the  city    interest   on   the   daily  balances 

i  of  such  deposits  at  the  rate  of  not  less 

i  than    three   percentum   per   annum,   said 

I  i  n  t  e  r  e  s  t     payments     to     be     payable 

i  monthly. 

i      Sec.   3.     The   regular  meetings   of   the 
'  Board    of    Commissioners    shall    be    held 
'  on  Monday  of  each  week  at  such  time 
i  as    may    be    designated    by     ordinance: 
1  Provided,  that  when  such  day  is  a  legal 
1  holiday,  that  the  meeting  shall  be  held 
at  the  same  hour  on  the  following  day: 
Provided    further,   that   an    adjournment 
{  of   the   regular   meetings   may   be   taken 
to  other  days  and  at  such  hour  as  may 
j  be  designated  in  the  motion  to  adjourn. 
Special   meetings  of  the  Board  of  Com- 
missioners   may   be   called   at    any   time 
by    any    commissioner,    and    shall    be    a 
part  of  the  records  of  their  office. 

All  meetings  shall  be  public  and  shall 
be  held  at  the  City  Hall. 

The  Board  of  Commissioners  shall  de- 
termine its  own  rules  of  procedure,  and 
may  punish  its  members  for  disorderly 
conduct  and  compel  their  attendance  at 
the  meetings. 

Sec.  4.  Charter  Self-Executing.  All 
provisions  of  this  charter  are  self-exe- 
cuting, but  the  Board  of  Commissioners 
may  by  ordinance,  supply  details  of 
procedure  for  the  more  efficient  enforce- 
ment thereof  not  inconsistent  with  the 
provisions   of   said   charter. 

Sec.  5.  Quarterly  and  Annual  Reports. 
The  Board  of  Commissioners  shall  caiise 
to  be  published  quarterly,  an  epitome 
of  the  financial  condition  of  the  several 
departments    of     the     city      government. 


25 


showing  tho  amount  of  recpipts  and  dis 
burseraents    during  the   preceding   quar 
ter,  and  the  amount  of  funds  on  hand, 
and  outstanding  obligations. 

Immediately  after  the  30th  day  of 
June  in  each  year  the  Board  of  Com 
missioners  shall  employ  some  competent 
accountant  to  audit  the  books  of  the 
city  for  the  fiscal  year  closed,  and 
cause  to  be  published  a  detailed  state- 
ment for  the  financial  transactions  of 
said  city  for  such  year,  such  publica- 
tion to  be  made  in  one  or  more  news- 
papers published  in  and  of  general  cir- 
culation in  the  city. 

Sec.  6.  All  contracts  pertaining  to 
puDlic  improvements,  maintenance  of 
public  property,  ,public  printing,  pur- 
chase of  supplies,  and  all  other  contracts 
of  whatsoever  character  involving  an 
outlay  of  $300  or  more  shall  be  made 
by  the  Board  of  Commissioners  and 
shall  be  based  upon  the  specifications 
provided  by  the  said  board.  Such  con- 
tracts shall  be  entered  into  only  after 
advertisement  not  less  than  tMO  times 
in  a  newspaper  of  general  circulation  in 
the  city  and  after  posting  in  one  public 
place  in  the  City  Hall,  inviting  com- 
petitive bids.  Such  competitive  bids 
shall  be  sealed  and  shall  be  filed  with 
the  Business  Manager.  Each  bidder 
shall  accompany  his  bid  with  a  sworn 
statement,  in  writing,  that  the  bidder 
has  not,  directly  or  indirectly  entered 
into  any  agreement,  expressed  or  im- 
plied, with  any  other  bidder  or  bidders, 
having  for  its  object  the  control  of  the 
price  and  amount  of  such  bids  or  limit- 
ing of  the  bids  or  bidders.  No  bidder! 
shall  divulge  said  sealed  bids  to  any 
person  whatever,  except  those  having  a 
partnership  or  other  financial  interests ! 
with  him  in  said  bid  until  after  the  said 
sealed  bids  are  opened,  and  all  bids 
shall  be  accompanied  by  a  certified 
check  equal  to  five  per  cent  of  the 
amount  of  his  bid  which  shall  be  for- 
feited to  the  citv  if  he  shall  fail  to  en- 


ter   into    a    contract    after   having    been 
awarded  the  woik  bid  on. 

The  violation  of  any  of  the  foregoing 
provisions  on  the  part  of  the  bidder 
shall  make  void  any  contract,  made  by 
him  with  said  city  based  upon  such  bid. 
The  awarding  of  a  contract  upon  a  suc- 
cessful bid  shall  give  the  bidder  no 
right  of  action  or  claim  against  the 
city  upon  such  contract  until  the  same 
shall  have  been  reduced  to  writing  and 
duly  signed  by  the  contracting  parties. 
All  bids  filed  with  the  Business  Man- 
ager shall  be  opened  in  the  presence 
of  the  Board  of  Commissioners  and  shall 
remain  on  file  in  the  office  of  the 
Business  Manager  two  (2)  days  before 
any  contract  shall  be  entered  into  based 
upon  said  bid.  The  Board  of  Commis- 
sioners shall  consider  the  bids  and  may 
reject  all  bids  and  re-advertise  for  bids 
or  may  have  such  work  done  under  the 
party  offering  the  lowest  and  best  bid 
or  may  have  such  work  done  under  the 
supervision  of  the  proper  department 
and  keep  an  account  of  the  expense 
thereof.  Pending  advertisement  Tor  bids 
the  plans  and  specifications  and  profiles 
shall  remain  on  file  in  the  office  of  the 
Business  Manager,  subject  to  the  inspec- 
tion of  any  person.  For  the  safe-guard- 
ing of  the  interests  of  the  city,  the 
Board  of  Commissioners  shall  make  reg- 
ulations providing  for  the  fiiling  of  esti- 
mates of  costs. 

Article  X. 
Section  1.  Fires.  The  City  of  Col- 
linsville  shall  have  power:  To  provide 
means  for  the  protection  against  and 
extinguishment  of  fires,  and  shall  pro- 
vide for  the  regulation,  maintenance  and 
support  of  a  Fire  Department,  and  for 
the  purpose  of  guarding  against  the 
calamity  of  fire,  may  prescribe  fire  lim- 
its, and  may  regulate  or  prohibit  the 
erection,  building,  placing  or  repairing 
of  wooden  or  other  buldings  within  such 
fire  limits  in  said  city  as  may  be  desig- 
nated and  prescribed  as  fire  limits,  and 
may  also  within  said  limits  piohibit  the 
moving  oi-  puttinfir  up  of  any  woodon  or 


26 


othov  buildings  from  one  place  to  an- 
otlior  MMtliin  said  limits,  and  may  direct 
and  prescribe  that  all  buildings  within 
the  limits  so  designated  in  the  ordinance 
as  fire  limits,  shall  be  made  or  construct- 
ed of  fireproof  material,  the  kind,  char- 
acter, extent  and  quality  of  which  build- 
ings and  material  may,  by  ordinance,  be 
prescribed  and  fixed,  and  may  prohibit 
the  repairing  of  wooden  or  other  build- 
ings in  fire  limits  when  the  same  shall 
liave  been  damaged  to  the  extent  of 
thirty-three  and  one-third  per  cent  of 
the  v^alue  thereof,  and  may  prescribe 
the  manner  of  ascertaining  such  dam- 
ages, and  may  declare  all  dilapidated 
buildings  to  be  a  nuisance,  and  direct 
the  same  to  be  removed  or  abated  in 
such  manner  as  the  Board  of  Commis- 
sioners may  prescribe,  and  may  declare 
all  wooden  or  other  buildings  in  the  fire 
limits,  which  they  deem  dangerous  to 
contiguous  buildings,  or  which  may 
cause  or  promote  fires,  to  be  nuisances, 
and  may  require  and  cause  the  same  to 
be  removed  in  such  manner  as  may  be 
prescribed,  at  the  expense  of  the  owner, 
and  may  further  prescribe  limits  within 
which  only  a  fireproof  loofing  may  be 
used,  and  may  impose  a  penalty  for 
violation  of  such  rules  and  regulations. 
The  city  shall  have  the  right,  by  ordi- 
nance, to  regulate,  prescribe  and  govern 
the  storage  of  lumber,  sash,  doors, 
blinds,  nitroglycerine,  dynamite,  powder 
and  any  and  all  commodities  of  an  in- 
flammable, combustible  or  explosive  na- 
ture and  any  and  all  kinds  of  goods, 
wares  and  merchandise  of  every  kind, 
and  prescribe  limits  within  which  such 
materials  may  be  carried,  and  /ix  penal- 
ties for  violation  of  the  rules  and  ordi- 
nances governing  the  same. 

Sec.  2.  To  procure  fire  engines,  hooks, 
ladders,  buckets  and  other  apparatus, 
and  organize  fire  engine,  hook  and  lad- 
der and  bucket  companies,  and  prescribe  j 
rules  of  duty  for  the  government  there- 
of.   Avith    such    penalties    as    they    may 


deem  proper,  and  make  all  necessary 
appropriations  therefor.     • 

Sec.  3.  To  regulate  or  prevent  the 
carrying  on  of  manufactories  and  other 
works  dangerous  in  causing  fires,  and 
to  regulate  the  location  of  cotton 
presses,  sheds  and  other  buildings  dan- 
gerous on  account  of  fires. 

Sec.  4.  To  prevent  the  deposit  of 
ashes  in  unsafe  places  and  cause  the  re- 
moval from  one's  premises  of  all  trash, 
old  papers,  straw,  goods  boxes,  barrels 
and  anything  else  dangerous  on  account 
of  fire,  and  all  filth,  slops  and  animal 
or  vegetable  matter  and  everything  else 
offensive  and  dangerous  to  health  and 
comfort,  and  to  cg,use  all  buildings  and 
enclosures  in  a  dangerous  state  to  be 
put  in  a  safe  condition. 

Sec.  5.  To  regulate  the  size,  num- 
ber and  construction  of  doors  and  stair- 
ways of  theatres,  tenement  houses,  ho- 
tels, boarding  houses,  apartment  houses, 
audience  room,  public  'halls,  school 
houses  and  buildings  used  for  the  gath- 
ering of  a  large  number  of  people, 
whether  now  built  or  hereafter  to  be 
built,  so  that  there  may  be  convenient, 
safe  and  speedy  exit  in  case  of  fires. 

Sec.  6.  To  require  the  construction 
of  suitable  fire  escapes  on  or  in  hotels, 
lodging  houses,  factories  and  school  and 
other  buildings,  whether  now  built  or 
hereafter  to  be  built. 

See.  7.  To  compel  the  owners  or  oc- 
cupants of  houses  or  other  buildings  to 
have  scuttles  in  their  roofs  and  stairs 
and  ladders  leading  to  the  same. 

Sec.  8.  To  authorize  one  or  more  offi- 
cers, agents  or  employes  of  the  city  to 
enter  in  and  upon  all  buildings  and 
premises  to  examine  and  discover 
whether  the  same  are  dangerous,  on  ac- 
count of  fire,  or  in  any  unclean  state, 
and  cause  all  defects  to  be  remedied, 
and  filth  and  trash  to  be  removed,  and 
generally  the  Board  of  Commissioners 
shall  have  power  to  establish  such  reg- 
ulations for  the  prevention  and  extin- 
guishment of  fires  as  it  may  deem  ex- 
pedient. 


27 


Article  XI. 

Section  1.  Health.  The  City  ot  Col- 
liusville  shall  have  power:  To  regulate 
burial  grounds,  crematories  and  ceme- 
teries, and  to  prohibit  burial  within  the 
city  limits  if  deemed  advisable,  or,  if 
necessary  to  protect  the  public  health, 
and  to  condemn  and  close  burial 
grounds  and  cemeteries  in  the  thickly 
settled  portions  of  the  city,  and  when 
demanded  by  the  public  interest  or  pub- 
lic health  to  remove  or  cause  to  be  re- 
moved bodies  interred  in  such  con- 
demned and  close  cemeteries  and  burial 
grour.ds,  and  shall  cause  them  to  be  re- 
interred  in  a  suitable  place  to  be  pro- 
vided by  the  city,  at  its  expense,  and 
whenever  advisable  the  city  may  con- 
demn the  land  proposed  to  be  used  for 
the  reinterring  ^of  bodies  in  the  same 
manner  as  provided  in  Section  1,  Article 
II  of  this  charter,  and  use  such  con- 
demned ground  formerly  used  for  ceme- 
teries for  Such  purposes  as  may  best 
subserve  the  interests  of  the  city. 

The  City  of  Collinsville  shall  have 
power  to  purchase,  hold  and  pay  for 
lands  not  exceeding  one  hundred  and 
sixty  acres  in  one  body,  outside  the  lim- 
its of  such  -.city,  for  the  purpose  of  the 
burial  of  the  dead.  The  Board  of  Com- 
missioners shall  provide  for  the  survey, 
platting,  grading,  fencing,  ornamenting 
and  improving  all  the  burial  and  ceme- 
tery grounds  and  the  avenues  leading 
thereto,  owned  by  such  city,  and  may 
eon'^truct  walks  in  rear  and  protect 
ornamental  trees  therein  and  provide 
for  paying  the  expenses  thereof. 

To   convey    by   certificates,   signed   by 
the  Chairman  of  the  Board  of  Commis- 
sioners and  attested  by  one  other  mem- 
ber of  said  board,  under  the  seal  of  thej 
city,  cemetery  lots,  owned  by  such  city,! 
specifying  that  the  purchaser,  to  whom ' 
the  same  is  issued,  is  the  owner  of  the , 
lot    or    lots    described    therein    by    num- 
her,  as  laid  down  on  such  map  or  plat,  > 
for  the  purpose  of  interment,  and  such 
certificates   shall  vest   in   the   purchaser, 
his  or  lier  heirs  and   assiofus.  n   riprjit.   in 


fee  simple,  to  such  lot  for  the  sole  pur- 
pose of  interment  under  the  regulations 
of  the  Board  of  Comijaissioners,  *and 
such  certificate  shall  be  entitled  to  be 
recorded  in  the  office  of  the  register  of 
deeds  of  the  proper  county  without  fur- 
ther acknowledgment;  and  such  de- 
scription .  of  lots  shall  be  deemed  and 
recognized  as  sufficient  description 
thereof.  The  board  may  limit  the  num- 
ber of  lots  which  shall  be  owned  by  the 
same  person,  at  the  same  time;  may 
prescribe  rules  for  enclosing,  adorning, 
and  erecting  monuments  and  tomb- 
stones on  cemetery  lots,  and  may  pro- 
hibit anj'  division  of  the  use  of  said 
lots  and  any  improper  adoniment  there- 
of; but  no  religious  test  shall  be  made 
as  to  the  ownership  of  the  lots,  the 
burial  therein,  or  the  ornamentation  of 
tlie  graves,  or  of   such   lots. 

To  pass  rules  and  ordinances,  impose 
penalties  and  tines,  not  exceeding  one 
hundred  dollars,  regulating,  protecting 
and  governing  the  cemetery,  the  owners 
of  lots  therein,  visitors  thereof,  and 
punishing  trespassers  therein;  and  the 
officers  of  such  city  shall  have  as  full 
jurisdiction  and  power  in  the  enforcing 
of  such  rules  and  ordinances  as  though 
they   related   to   the   city    itself. 

Sec.  2.  To  regulate  the  burying  of 
the  dead,  the  registration  of  births  and 
deaths,  direct  the  keeping  and  returning 
of  bills  of  mortality,  and  impose  pen- 
alties on  physicians,  undertakers,  sex- 
tons and  others  for  any  default  in  the 
premises. 

Sec.  3.  The  City  of  Collinsville  also 
shall  have  the  power,  by  ordinance,  to 
authorize  the  destroying  of  clothing, 
bedding,  furniture,  and  .buildings  in- 
fected with  the  germs  of  any  infectious 
or  dangerous  disease  when  the  public 
health  requires  the  destruction  of  the 
same,  and  may  also  in  the  same  man- 
ner authorize  the  destruction  or  re- 
moval of  buildings  or  other  objects 
after  the  same  shall  have  been  declared 
a  nuisance  and  to  be  dangerous  to  the 
hrnlth    or    lives    of    the   citi/on^    of    said 


28 


city.      Property    destroyed    must    be    re- 
iinbursed.  { 

Sec.  4.  To  make  regulations  to  pre- j 
vent  the  introduction  of  contagious  dis-  j 
eases  into  the  city,  to  make  quarantine, 
hiws  for  that  purpose;  and  to  enforce 
tliem  within  the  city  and  within  fivej 
miles  thereof.  | 

Sec.   5.     The    City    of    Collinsville    is; 
liereby   given    full   power   and   authority^ 
to  take  such  steps  to  improve  and  pie- . 
serve   the    purity    of   the    water    of    thOj 
Caney   river   above   the   City  of   Collins- ' 
ville,   as   it   may   think   necessary;    pro- 
vided,   that    the    power    in    this    section 
shall  not  be  construed  to  give  said  cor-  i 
Iteration     any     jurisdiction      or     control 
over    said    river    beyond     the    corporate 
limits  of  said  city,  except  for  the   pur- 
pose   of    protecting    and    improving    tlie 
water    shed,   i.    e.    the    water    supply    of 
both    the   Caney    river    and    the    smaller, 
streams     or    tributaries ;    provided     fur- 
ther,   that    the     said     corporation     shall 
liave  the  right   to  condemn  land,  build- 
ings  and   outhouses   or  closets   when    it 
may   deem   the   same   necessary   for   the 
protection      and      preservation      of      the 
I>urity   of   the   water   in   said  river,   and 
shall  have  power  to  control  the  same. 

The  City  of  Collinsville  shall  also 
have  power  to  require  any  persons  or 
corporations  owning  or  operating  manu- 
facturing enterprises  within  or  without 
the  city  which  shall  discharge  refuse 
matter  into  Caney  river  or  its  tribu- 
taries, to  make  other  provisions  for 
such  refuse  matter  or  so  purify  the 
same  so  that  the  public  health  will  be 
fully  protected. 

Sec.  6.  To  require  the  owners  of  pri- 
vate drains,  sinks,  and  privies,  to  fill 
up,  cleanse,  drain,  alter,  relay,  repair,  fix 
and  improve  the  same  as  they  may  be 
ordered  by  resolution  or  ordinance,  and 
impose  penalties  upon  persons  failing 
to  do  the  same.  If  there  be  no  person 
in  the  city  upon  whom  such  order  can 
be  served,  the  city  may  have  such  work 
done,  and  costs  of  the  same  shall  be  a 
lien    on    the     property     and     taxed     up 


against  it,  and  collected  in  such  man- 
ner as  the  Board  of  Commissioners  may 
determine. 

Sec.  7.  To  prevent  any  person  from 
bringing,  depositing  or  burying  within 
the  city  limits,  the  carcasses  of  any 
dead  anmial,  or  other  unwholesome  sub- 
stance, or  matter,  or  filth  of  any  kind, 
and  to  require  prompt  removal  of  the 
same,  and  impose  all  necessary  penal- 
ties, for  the  enforcement  of  such  powers. 
Sec.  8.  To  provide  for  the  inspection 
of  dairies  inside  and  outside  the  city 
limits,  doing  business  within  the  city, 
and  to  charge  and  provide  license  fees 
for  inspection;  to  establish  and  main- 
tain a  standard  of  sanitary  conditions 
governing  dairies  inside  and  outside  the 
city,  doing  business  within  the  city,  to 
establish  and  maintain  a  standard  of 
quality  of  all  dairy  products  sold  in  the 
city,  and  to  provide  for  penalties  for 
the  violaton  thereof. 

Sec.  9.  To  regulate  and  license 
butchers  and  prevent  their  slaughtering 
animals  in  the  city  limits,  and  revoking 
their  license  for  malconduet  in  trade, 
and  to  regulate,  license  and  restrain  the 
sale  of  fresh  meat,  fruits  and  vegetables 
and  the  slaughter  of  animals  and  to 
license  and  regulate  or  prohibit  slaugh- 
ter houses  within  the  city  limits. 

Sec.  10.  To  compel  the  owner  or  oc- 
cupant of  any  grocery,  soap,  tallow  or 
chandler  establishment  or  blacksmith 
shop,  tannery,  stable,  slaughter  house 
distillery,  brewery,  or  other  building,  or 
sewer,  privy,  hide  house,  or  other  un- 
wholesome or  nauseous  place  or  house 
to  cleanse,  remove,  fill  up,  repair  or 
abate  the  same,  as  may  be  necessary 
for  the  health,  comfort  and  convenience 
of  the  inhabitants. 

Sec.  11.  To  regulate  the  inspection 
and  slaughter  of  animals  and  the  sale 
of  fresh  meats  within  the  city,  and  the 
inspection  and  the  sale  of  flour,  meal, 
fish,  salt  and  other  provisions,  and  all 
other  articles  of  food  or  drink  whatso- 
ever, to  be  consumed  within  the  city, 
and  to  a])point   inspectors,  weigliers  and 


29 


guagers,  and  prescribe  their  duties  and 
powers,  and  to  regulate  their  fees,  and 
to  provide  for  the  inspection  and  weigh- 
ing of  hay  and  coal,  ice,  and  the  meas- 
urement of  coal,  gas  and  other  fuel  to 
be  sold  in  the  city. 

Sec.  12.  To  regulate,  locate,  abate  or 
prohibit  slaughter  houses,  gas  reser- 
voirs and  tanks,  glue  factories,  bone 
boilers,  hide  houses  or  establishments 
for  burning  hides,  soap  factories,  places 
for  rendering  lard,  tallow,  offal  and 
other  substances  that  can  be  rendered, 
and  all  other  establishments  where  any 
nauseating,  dangerous,  offensive  or  un- 
wholesome business  may   De  carried  on. 

Sec.  13.  The  City  of  Collinsville  shall 
have  the  right  and  power,  by  ordinance, 
to  provide  that  the  tenant  or  owner  of 
any  property  shall  pay  to  the  city  rea- 
sonable charges  for  the  removal  of 
night  soil  or  other  refuse  matter  from 
the  closets  of  the  premises  thereof,  and 
to  prohibit  any  one  except  some  one  in 
the  employ  of  the  city,  or  by  the  city 
authorized  to  do  so,  from  removing  or 
carrying  away  the  contents  of  any 
privy,  vault,  or  water  closet,  or  any  re- 
ceptacle of  human  excrement,  and  the 
city  shall  have  the  right  to  have  in- 
spected the  premises  of  all  persons,  at 
any  time,  in  the  interests  of  the  public 
health,  and  for  the  purpose  of  making 
said  inspection,  the  officers  or  agents  of 
the  city,  duly  authorized  to  do  so,  shall 
have  a  right  to  enter  upon  the  prem- 
ises of  any  person  at  any  hour  during 
the  daytime  to  make  said  inspection. 
Whenever  notice  is  given  by  any  officer 
or  employe  of  the  city  inspecting  any 
premises  that  said  premises  need  clean- 
ing, the  said  night  soil  or  other  refuse 
matter  shall  be  removed  and  the  owner 
or  tenant  of  said  premises  shall  pay 
the  city  the  price  prescribed  therefor, 
and  failure  to  do  so  shall  subject  said 
person  to  the  penalties  to  be  prescribed 
by  ordinance,  and  said  persons  shall  be 
fined,  upon  conviction  in  the  Police 
Court,    in     anv   sum   not    less    than    five 


dollars  nor  more  than  one  hundred  dol- 
lars. 

Sec.  14.  The  City  of  Collinsville  shall 
have  jurisdiction  over  all  places  within 
five  miles  of  the  corporate  limits  of 
the  city,  for  the  enforcement  of  all 
health,  quarantine  or  waterworks  ordi- 
nances and  regulation  thereof. 

Sec.  15.  The  Board  of  Commissioners 
are  hereby  authorized  and  required  to 
create  a  Board  of  Health  for  the  city, 
whose  duties  and  jurisdiction  shall  be 
determined  and  prescribed  by  the  said 
Board  or  Commissioners;  said  Board  of 
Health  to  consist  of  not  more  than  five 
reputable  physicians  of  the  City  of  Col- 
linsville, to  be  appointed  by  the  Busi- 
ness Manager  and  confirmed  by  the 
Board  of  Commissioners. 

Sec.  16.  The  Board  of  Commissioners 
shall  appoint  a  Commission  ol  Chari- 
ties, not  exceeding  three  members,  and 
prescribe  by  ordinance  their  duties. 

Article  XII. 

Section  1.  Municipal  Service.  The 
City  of  Collinsville  shall  have  power: 
To  buy  or  construct,  own,  maintain  and 
operate  a  system  or  systems  of  water- 
works, gas  or  electric  lighting  plants, 
telephone,  street  ears  and  sewers,  or 
any  other  public  service  or  enterprise 
that  may  be  approved  by  a  majority  of 
the  qualified  tax-paying  voters  of  the 
City  of  Collinsville,  voting  therefor,  at 
any  regular  election  for  city  officers,  or 
at  a  special  election  called  for  that  pur- 
pose, in  accordance  with  the  provisions 
of  the  charter;  and  may  demand  and 
receive  compensation  for  such  service 
furnished  for  private  purposes,  and  shall 
have  power  to  condemn  the  property 
of  any  person,  firm,  or  corporation,  for 
the  purpose  of  operating  and  maintain- 
ing any  such  utility,  and  for  distrib- 
uting such  service  tnroughout  the  city 
or  any  portion  thereof,  but  in  such  con- 
demnation proceedings  no  allowance 
shall  be  made  for  the  value  of  any 
franchise    and   only    the    actual    physicar 


30 


assets  shall-  be  purchased  by  the  City 
of  Collinsville. 

Sec.  2.  To  acquire  or  own  within 
or  without  the  city  limits  either  by 
purchase,  donation,  bequest  or  other- 
wise, all  property  it  may  need  for  any 
municipal  purpose,  whatever;  and  all 
necessary  right  of  ways  thereto,  and 
shall  also  have  the  power  to  sell  and 
dispose  of  the  same,  except  as  other- 
wise  provided   in   this  charter. 

Sec.  3.  To  provide  all  needful  build- 
ings for  the  use  of  the  city;  to  pro- 
vide for  enclosing,  improving,  orna- 
menting and  regulating  all  public 
grounds  belonging  to  the  city;  to  pro- 
vide hospitals  and  regulate  and  main- 
tain the  same,  and  to  permit  or  pro- 
hibit private  hospitals;  and  to  estab- 
lish an  active  system  of  inspection  over 
premises'  and  conduct  of   persons. 

To  purchase  or  condemn  and  hold  for 
the  city,  within,  or  outside  of  the  city 
limits  within  five  miles  therefrom,  all 
necessary  lands  for  hospital  pui'poses 
and  waterworks  and  erect,  establish 
and  regulate  the  hospitals,  workhouses 
and  poorhouses,  and  provide  for  the 
government  and  support  of  the  same, 
and  make  regulations  to  secure  the  gen- 
eral health  of  the  city,  and  to  prevent 
and  remove  nuisances,  and  to  make 
provisions  for  furnishing  the  city  with 
water;  and  water  rates  shall  be  fixed 
annually  by  the  commissioners  at  their 
first  meeting  in  June;  provided,  the  con- 
demnation of  such  property  outside  of 
the  city  limits  shall  be  regulated  in  all 
respects  as  provided  by  law  for  the  con- 
demnation of  property  for  railroad  pur- 
poses; and  provided,  further,  that  the 
police  jurisdiction  of  the  city  shall  ex- 
tend over  such  lands  and  property  to 
same  extent   as   over   public   cemeteries. 

Sec.  4.  To  lay  out,  establish,  open, 
alter,  widen,  lower,  raise,  extend,  grade, 
narrow,  care  for,  pave,  supervise,  main- 
tain and  improve  street,  alleys,  side- 
walks, squares,  parks,  public  places  and 
bridges    and    to    vacate    and     close     the 

ime:-  to   sprinkle,   sweep   and   care    for 


the  streets  and  regulate  the  use  there- 
of, and  to  require  the  removal  from  the 
streets  and  sidewalks  of  all  obstruc- 
tions, telegraph,  telephone,  street  rail- 
way or  other  poles  carrying  electric 
wires,  signs,  fruit  stands,  show  cases, 
awnings,  and  encroachments  of  every 
character  upon  said  streets  and  side- 
Avalks;  and  to  vacate  and  close  private 
ways. 

The  cost  of  constructing  sidewalks 
and  keeping  the  same  in  repair,  to- 
gether with  the  cost  of  collection,  shall 
be  defrayed  entirely  by  the  property 
owners  in  such  manner  as  the  Board  of 
Commissioners  may  provide,  and  shall 
be  a  perpetual  lien  on  the  property 
until  paid. 

Sec.  5.  To  prevent  any  street  or  side- 
walk from  being  dug  up  or  excavations 
to  be  made  therein,  unless  the  same  be 
done  with  the  permission  of  the  Board 
of  Commissioners  and  under  the  direc- 
tion of  the  City  Engineer,  or  other  of- 
ficer designated  by  the  Board  of  Com- 
missioners, and  to  prescribe  and  exact 
fees  for  such  privileges  and  deposit  as 
guarantees  of  proper  restoration  of 
such  streets  or  sidewalks. 

Sec.  6.  To  regulate,  establish  and 
change  the  grade  of  all  sidewalks, 
streets  and  premises  and  to  require  and 
compel  the  filling  up  and  raising  the 
same. 

Sec.  7.  To  permit,  prevent  and  regu- 
late the  laying  of  gas,  water  and  sewer 
mains  and  pipes  in  the  City  of  Collins- 
ville; to  compel  any  person  using  the 
streets,  alleys  jor  sidewalks  for  build- 
ing or  other  purposes  to  repair,  clean 
up  and  restore  said  streets,  sidewalks, 
and   alleys   so   used. 

Sec.  8.  To  provide  for,  establish  and 
maintain  a  free  public  library  within 
the  city,  and  to  co-operate  with  any 
person,  firm  or  corporation  under  such 
terms  as  the  Board  of  Commissioners 
may  prescribe  for  the  establishment  of 
such  free  library,  and  to  that  end  they 
shall  appropriate  annually  out  of  the 
general  revenue  of  the  city  a  fund   for 


31 


the    support    and    niaintenanep   of   said 
public  library. 

Sec.  9.    To  buy,  establish,  lease,  main-  • 
tain,  regulate  and  operate  markets  andj 
market    places,    and    abattoirs,     and     to '. 
build,  own  and  maintain  buildings  there- 
for, and  to  rent  and  lease  the  same. 

See.  10.  To  establish  and  maintain 
sanitary  closets  for  the  service  of  the 
public,  and  to  obtain  by  purchase  or 
condemnation  property  for  such  closets. 

Sec.  11.  The  city  shall  have  power 
to  open,  widen,  extend  or  otherwise  im- 
prove any  street,  avenue,  alley;  and  to 
annul,  vacate  or  ta  discontinue  the 
same  or  to  grant  to  any  other  public 
use  when  deemed  necessary  or  expedi- 
ent; to  provide  that  all  damages  sus- 
tained by  citizens  of  the  city  or  owners 
of  property  therein  shall  be  ascertained 
by  condemnation  proceedings,  such  pro- 
ceedings shall  be  had  in  all  respects  as 
provided  by  law  for  the  condemnation 
of  property  for  municipal  purposes  in 
cities  of  the  first  class,  and  provided 
further,  that  whenever  any  street,  ave- 
nue or  alley  shall  be  vacated  the  same 
shall  revert  to  the  owners  of  real 
estate  thereto  adjacent  on  each  side  in 
proportion  to  the  frontage  of  said  real 
estate,  except  in  cases  when  such  streets 
avenues,  or  alleys  shall  have  been 
taken  and  appropriated  to  public  use 
in  a  different  proportion,  in  which  case 
it  shall  revert  to  adjacent  lots  of  real 
estate  in  proportion  as  it  was  taken 
from  them,  provided,  that  when  in  the 
opinion  of  the  Board  of  Commissioners 
of  the  city,  that  it  is  necessaiy  to  re- 
open such  alleys  that  they  may  order 
such  alley  opened  without  any  expense 
to  the  city. 

Sec.  12.  The  city  shall  have  power  to 
prohibit  and  prevent  all  encroachment 
into  and  upon  the  sidewalks,  streets, 
avenues,  alleys  and  other  property  of 
the  city,  and  may  provide  for  the  re- 
moval of  all  obstructions  from  the  side- 
walks, curbstones,  gutters  and  cross 
walks  at  the  expense  of  the  owners  or 
occupiers  of  the  grounds  fronting  there- 1 


on.  or  at  the  expense  of  the  person 
placing  the  same  there;  the  city  may, 
also  regulate  the  planting  and  protec-J 
tion  of  shade  trees  in  streets  and  the^ 
building  of  bulk  heads,  cellar  and  base-  \ 
ment  ways,  stairways,  railposts,  awn- 
ing posts,  and  all  other  structures  proj-  ; 
ecting  upon  or  over  and  adjoining,  and' 
all  excavation  through  and  under  the] 
sidewalks  or  along  the  streets  of  the'^ 
city.  .^ 

Sec.  13.  The  city  shall  have  power  tO:i 
establish,  alter-^nd  change  the  channel^ 
of  water  courses  and  wall  them  and^ 
cover  them  over;  and  may  establish; 
make  and  regulate  public  wells,  cis-^ 
terns,  aqueducts  and  reservoirs  of  water; 
and  provide  for  the  filling  of  same.         j 

Sec.  14.  The  city  shall  have  powers 
to  provide  for  and  regulate  the  lightings"! 
of  the  streets  and  erecting  of  lamp  i 
posts  and  shall  have  power  to  make  con- ; 
tracts  with  and  authorize  any  person,: 
company  or  association  to  erect  gas  or] 
electric  works  in  such  city  and  give  8uch| 
person,  company  or  association  the  priv-] 
ilege  of  furnishing  gas  or  electricity  toj 
light  the  streets  and  alleys  of  said  cityl 
for  any  length  of  time  not  exceeding^ 
twenty- fiv«  years  but  no  such  gran|;^ 
shall  be  construed  as  to  prevent  theJ 
city  from  granting  to  other  persons,  ori 
companies,  or  corporations  the  right  to^ 
use  the  streets  for  like  purposes;  and- 
all  such  grants  shall  be  subject,  at  all] 
times  to  reasonable  regulation,  by  ordi-^ 
nance.  ] 

See.  15.  To  fix  the  salary  of  any  of-^ 
ficer  of  the  city,  not  fixed  by  this  char*! 
ter,  to  create  such  other  offices  as  may'; 
be  required  from  time  to  time  and  to^ 
abolish  said  offices  and  to  fix  salary' 
of  the  same. 

Article  XIII.  i 

Section  1.  Franchises.  The  ownership,  i 
right  of  control  and  use  of  the  streets,:; 
highways,  alleys,  parks,  public  places: 
and  all  other  real  property  of  the  City; 
of  Coll  ins  ville,  is  hereby  declared  to  bei 
inalienable  to  said  city,  except  by  ordi-j 
nance  passed  by  the  vote  of  the  major- i 


32 


ity  of  the  Board  of  Commissioners,  as 
hereinafter  provided;  and  no  franchise 
or  easement  involving  the  right  to  use 
the  same,  either  along,  across,  over  or 
under  the  same,  shall  ever  be  valid,  un- 
less expressly  granted  and  exercised  in 
compliance  with  the  terms  hereof,  and 
of  the  ordinance  granting  the  same.  No 
act  of  omission  of  the  city,  its  Boar4- 
of  Commissioners,  officers  or  agents 
shall  be  construed  to  confer  or  extend 
by  estoppel  or  indirection,  any  right, 
franchise,  or  easement,  not  expressly 
granted  by  ordinance. 

Sec.  2.     The  City  of  CoUinsville  shall 
have    power   subject    to   the   terms    and 
provisions  hereof,  by  ordinance,  to  con- 
fer upon  any  person  or  corporation  the 
franchise   or  right,   to  use  the  property 
of  the  city,  as   defined   in   the  preceed-  j 
ing  section,  for  the  purpose  of   furnish- 
ing   to    the    public    any    general     public' 
service,     including     heat,     light,     power, ' 
telephone    service,    refrigeration,     steam,  j 
or  the  carriage  of  passengers  or  freight 
within    the   said   city,   or   for   any   other : 
])urpose  whereby  a  general  service  is  to 
be   furnished   to   the   public   for  compen* 
sation   or  hire,  to  be   paid  to   the  fran- 
chise   holder,    whereby    a   right    to,    in  j 
part,   appropriate   the  streets,   highways  . 
or  other  property  of  the  city,  is  neces-  j 
aary   or   proper,   provided   that   no   fran- ' 
chise    shall    be    ganted   by    said    city    to 
any  person,  firm  or  corporation,  to  own, 
control    or   operate    waterworks   or   elec- 
tric  light   and  power  plant   therein. 

Sec.    3.      No     exclusive     franchise     or 
privilege    shall    ever    be  granted,  nor  a  • 
franchise,   nor   a   privilege   to   commerce ; 
at    any    time    after    six    months    subse- , 
quent   to  the   passage   of   the   ordinance ' 
granting     the     same     and    no     franchise 
shall   be   directly  or   indirectly  extended 
beyond  the  term  originally  fixed  by  the 
ordinance  granting  the   same,  nor   shall  ■ 
any    franchise    be- granted    to    any    per-, 
son  or  persons  or  corporation,  authoriz- 
ing such  person  or  corporation,  their  as- ' 
sociates.  assigns  or  successors  to  acquire 
the    physical    property,    rights    or    fran-  '< 


chise  of  another  person  or  corporation 
to  whom  or  which  a  franchise  has  al- 
ready been  granted  by  the  city  whereby 
the  rights  and  properties  held  and  used 
under  such  franchise  are  assigned  to  an- 
other person,  firm  or  corporation  which 
holds  a  franchise  extending  beyond  the 
time  of  the  expiration  of  the  franchise 
of  the  person,  firm  or  corporation  sell- 
ing such  physical  properties,  rights  or 
franchise. 

Sec.  4.  The  City  of  CoUinsville  shall 
have  the  power  by  ordinacne  to  grant 
any  franchise  or  right  mentioned  in  the 
preceeding  sections  hereof;  provided 
that  the  city  shall  not  grant,  extend  or 
renew  a  franchise  without  the. approval 
of  a  majority  of  the  qualified  tax-pay- 
ing voters  residing  within  its  corporate 
limits  who  shall  vote  thereupon  at  a 
special  or  general  election;  and  the  leg- 
islative body  of  the  city  shall  submit 
any  such  matter  for  approval  or  dis- 
approval to  such  electors  at  any  general 
municipal  election  or  call  a  special  elec- 
tion for  such  purpose  upon  thirty  days' 
notice  and  no  franchise  shall  be  granted, 
extended  or  renewed  for  a  longer  period 
than  twenty-five  years. 

Whenever  a  petition  signed  by  a 
number  of  qualified  voters  of  the  city, 
equal  to  twenty-five  percentum  of  the 
total  number  of  votes  cast  at  the  next 
preceeding  general  municipal  election, 
demanding  that  a  franchise  be  granted, 
extended  or  renewed,  shall  be  filed  with 
the  chief  executive  officer  of  the  city, 
the  chief  executive  officer  shall,  within 
ten  days,  thereafter  call  a  special  elec- 
tion, at  which  he  shall  submit  the  ques- 
tion of  whether  or  not  such  franchise 
shall  be  granted,  extended  or  renewed, 
and  if  at  such  election  the  majority  of 
the  said  tax-paying  voters  voting  there- 
on shall  vote  for  the  granting,  extend- 
ing or  renewing  of  such  franchise  the 
same  shall  be  granted  by  the  proper 
authority  at  the  next  succeeding  reg- 
ular meeting  of  the  legislative  body  of 
the  city. 

Sec.  5.     All  persons  or  corporations  to 


33 


whom  franchises  may  hereafter  be 
granted,. or  their  assigns  and  successors, 
shall  as  compensation  for  the  rig^t  or 
privilege  enjoyed  pay  to  the  city  a  sum 
not  less  than  four  per  cent,  of  the  gross 
receipts  of  the  business  pursued  by  the 
holders  of  the  franchise.  The  amount 
of  said  bonus  or  compensation  shall  be 
fixed  by  ordinance  granting  the  fran- 
chise and  shall  be  payable  on  the  twen- 
tieth day  of  January  in  each  year,  for 
the  preceeding  year.  Said  bonus  or  com- 
pensation shall  be  exclusive  of  and  in 
addition  to  all  lawful  ad  valorum  taxes 
upon  the  value  of  the  franchise  or  other 
property  of  the  holder  thereof,  and  law- 
ful occupation  taxes  imposed  upon  the 
occupation  or  calling  the  holder  of  such 
franchise.  The  Board  of  Commissioners 
may,  however,  in  their  discretion  in  the 
order  granting  any  franchise,  provide, 
that  no  bonus  shall  be  paid  for  the  first 
five  years  thereof,  when  such  power  has 
been  conferred  upon  the  Board  of  Com- 
missioners by  a  majority  of  the  tax- 
paying  voters  voting  on  said  proposi- 
tion at  a  regular  or  special  election. 

Sec.  C.  In  order  to  ascertain  the  true 
amount  of  such  gross  receipts  and  to 
determine  the  amount  of  such  bonus  or 
compensation  and  for  any  other  purpose 
relating  to  the  business  or  affairs  of 
the  franchise  holder,  the  Board  of  Com- 
missioners shall  have  power  to  examine 
or  cause  to  be  examined  the  books, 
papers,  and  records  of  franchise  holders; 
to  take  testimony  and  compel  the  atten- 
dance of  witnesses  under  oath  and  under 
such  rules  and  regulations  as  said  Board 
of  Commissioners  may  adopt,  and  should 
any  franchise  holder  refuse  inspection  of 
its  books,  papers  or  records  or  the  pro- 
duction of  the  same  when  lawfully  re- 
quired to  do  so  by  the  said  Board  of 
Commissioners,  or  should  any  officer, 
agent,  or  employe  of  said  franchise 
holder  refuse  to  give  testimony  beforf 
said  Board  of  Commissioners,  then  said 
Board  of  Commissioners  shall  have 
power,  by  ordinance,  to  declare  the  fran- 
chise  or   privilege   enjoyed   b\fc  sucli    cor- 


poration, or  person  so  in  default,  an- 
nuled   and   terminated.! 

Sec.  7.  The  right  is  hereby  delegated 
to  the  City  of  Collinsville  acting 
through  its  Board  of  Commissioners  to 
determine,  fix  and  regulate  the  charges, 
coi-poration  enjoying  or  that  may  enjoy 
a  franchise  or  exercising  any  other  pub- 
lic privilege  in  said  city  and  to  pre- 
scribe the  kind  of  service  to  be  fur- 
nished by  such  person,  firm  or  corpo- 
ration, and  the  manner  in  which  it  shall 
be  rendered,  and  from  time  to  time  to 
alter  or  change  such  rules,  regulations 
and  compensation.  The  Board  of  Com- 
missioners shall  make  rules  and  regula- 
tions granting  a  fair  hearing  to  per- 
sons or  corporations  to  be  affected  by 
said  regulations,  and  no  change  in  regu- 
lations shall  be  adopted  except  after 
notice  to  the  persons  affected  and  after 
a  fair  hearing  shall  be  granted  them; 
p)Ovided,  that  in  adopting  such  regula- 
tions and  in  fixing  or  changing  such 
compensation  or  determining  the  rea- 
sonableness thereof,  no  stock  or  bonds 
authorized  or  issued  by  any  corporation 
enjoying  a  franchise  shall  be  considered 
unless  upon  proof  that  the  same  have 
been  actually  issued  by  the  corporation 
for  money  paid  and  used  for  the  devel- 
opment of  the  corporate  property,  labor 
dne  or  property  actually  received  in 
accordance  with  the  laws  and  Constitu- 
tion of  the  State  applicable  thereto;  and 
in  order  to  ascertain  all  facts  necessary 
for  a  proper  understanding  of  what  is 
or  should  be  a  reasonable  rate  or  regu- 
lation, the  Board  of  Commissioners 
shall  have  full  power  to  inspect  books 
and  compel  attendance  of  witnesses  as 
provided  herein  for  a  failure  or  refusal 
to  attend  and  testify  or  produce  books. 

Sec.  8.  No  franchise  shall  here- 
after be  granted  except  upon  condition 
that  the  city  shall  have  the  right  at 
any  time  after  fifteen  years  from  the 
granting  thereof  to  purchase  the  physi- 
cal properties  of  the  franchise  holder 
and  to  terminate  its  franchise,  and  all 
privileges     enjoyed     by     i<     thereunder; 


34 


provided,  the  majority  of  the  qualified  railway  within  the  city  or  its  suburbs 
tax-paying  voters  of  the  city  voting  shall  be  subject  to  the  condition  that 
thereon,  shall  vote  to  do  so;  provided, ,  the  Board  of  Commissioners  shall  have 
that  upon  the  petition  of  fifteen  per '  the  right  to  grant  to  any  other  person 
centum  of  the  qualified  tax-paying  vot- j  or  corporation  desiring  to  build  or  oper- 
ers  to  the  Board  of  Commissioners  the  ate  a  street  railway  or  interurban  rail- 
matter  of  the  acquisition  of  such  prop- '  way  within  or  into  the  City  of  Collins- 
erty  shall  be  submitted  to  an  election  ville,  the  right  to  operate  its  cars  over 
to  be  determined  by  a  vote  of  the  ma- ,'  the  tracks  of  said  street  railway  inso- 
jority  of  the  qualified  tax-paying  vot-  far  as  may  be  necessary  to  enter  said 
era.  voting  thereon;  which  election  shall  city  and  to  reach  the  section  thereof 
be  held  at  the  next  preceeding  election  used  for  business  purposes;  provided, 
in  said  city,  after  at  least  twenty  days'  that  the  person  or  corporation  desiring 
notice  shall  have  been  published  three  to  operate  its  cslrs  over  the  lines  of  said 
times  in  a  daily  or  weekly  neAvspaper,  street  railway  shall  first  agree  in  writ- 
published  in  said  city  and  provided,  ing  with  the  owner  thereof  to  pay  it 
that  the  owner  of  such  physical  prop-  reasonable  compensation  for  the  use  of 
crty  shall  be  compensated  for  the  value  its  tracks  and  facilities.  And  if  the 
thereof,  considering  solely  the  physical  person  or  corporation  desiring  to  use 
assets,  such  value  to  be  determined  by  the  same  cannot  agree  with  said  owner 
the  report  of  the  majority  of  thr-ee  arbi-  of  said  street  railway  as  to  said  com- 
trators,  one  to  be  selected  by  the  city,  pensation  within  sixty  days  from  offer- 
one  by  the  owner  of  the  physical  prop-  ing  in  writing  to  do  so,  and  as  to  terms 
crty  to  be  valued,  and  the  third  by  the  and  conditions  of  the  use  of  said  track 
arbitrators  so  selected.  But  if  the  own- ,  and  facilities,  the  Board  of  Commission- 
er of  such  physical  property  shall  re- '  ers  shall  by  resolution,  after  a  fair 
fuse  for  thirty  days  to  select  an  arbi- :  hearing  to  the  parties  concerned,  fix  the 
trator,  then  the  value  of  such  property ,  terms  and  conditions  of  such  use  and 
sjjall  be  fixed  by  vote  of  the  majority ,  compensation  to  be  paid  therefor,  which 
of  the  Board  of  Commissioners.  \  award  of  the  board,  when  so  made,  shall 

Sec.  9.  Ordmances  granting  fran-  be  binding  on  and  be  observed  by  the 
chises    shall    be    subject    to    the    terms   parties    concerned. 

hereof,  and  shall  contain  such  terms  and  Sec.  11.  Interurban  railways  are  de- 
conditions  as  the  Board  of  Commission-  fined  to  be  in  the  meaning  of  this  char- 
ers  shall  see  fit  to  impose.  All  fran-  ter,  railways  operating  their  cars  by 
chises  shall  be  exercised  in  accordance  electricity  or  other  motive  power,  for 
with  the  terms  of  the  ordinance  grant-  the  carriage  of  freight  and  passengers 
ing  the  same  and  of  this  charter.  If  for  hire,  not  wholly  within  the  city  and 
such  franchise  shall  not  be  exercised  in  its  suburbs  to  other  towns,  cities  or 
substantial    accordance    with    the    terms   villages. 

hereof,  and  of  the  or4inance  granting!  Sec.  12.  The  jjoard  of  Commissioners 
tlie  same,  then  after  notice  to  and  rea-  shall  have  power,  subject  to  the  terms 
sonable  hearing  of  the  holders  thereof,  j  and  conditions  contained  in  this  char- 
such  franchise  may  be  cancelled  or  an-  i  ter,  to  grant  to  any  person  or  corpo- 
nuled  and  the  Board  of  Commissioners !  ration  desiring  to  extend  an  interurban 
shall,  by  ordinance,  adopt  reasonable  ]  railway  into  the  city,  the  right  to  lay 
rules  and  regulations  for  such  notice  and  tracks  and  operate  cars  over  the  streets 
hearing.  or  other  property  of  the  city  and  over 

Sec.  10.  Any  franchise  or  right  which  the  tracks  of  other  street  railways  for 
may  hereafter  be  granted  by  any  per- '  a  term  not  exceeding  twenty-five  years, 
son   or   corporation    to   operate    a    street        Sec.    13,     The  right   mentioned   in   the 

35 


proeooding  section  sliall  be  granted  by. 
ordinance  only.  The  granting  or  refus- 
ing of  the  right  or  franchise  herein 
mentioned  shall  be  subject  to  the  terms 
and  provisions  of  this  charter  concern- 
ing the  submission  of  general  franchises 
to  a  vote  of  the  qualified  tax-paying 
voters  of  the  city,  which  shall  in  all 
things  govern  and  apply  thereto. 

Sec.  14.  The  ordinance  granting  such 
right  or  franchise,  shall  contain  such 
conditions  as  may  seem  proper  to  the 
Board  of  Commissioners  and  shall  pro- 
vide for  such  reasonable  compensation 
to  the  city  as  may  seem  just  to  the 
board  for  the  use  of  the  franchise  or 
right  granted,  which  compensation  shall 
be  payable  anually.  And  the  ordi- 
nance granting  such  right  or  franchise 
Shall  provide  that  failure  to  pay  said 
compensation  at  the  time  specified 
therein  shall  forfeit  and  terminate  said 
franchise.  Said  compensation  shall  be 
deemed  to  be  a  bonus  payable  to  the 
fares  or  rates  of  any  person,  firm  or 
city  for  the  use  and  the  right  granted 
and  shall  be  exclusive  of  and  in  addi- 
tion to  all  ad  valorum  or  occupation 
taxes,  payable  by  the  owner  of  said 
franchise. 

Sec.  15.  The  terms  of  this  charter 
concerning  the  granting  of  franchises  to 
persons  or  corporations  for  the  purpose 
or  rendering  any  public  service  wholly 
within  the  city  and  its  suburbs  shall 
not  apply  to  interurban  railways,  ex- 
cept as  specified  in  the  four  preceeding 
sections  and  in  the  various  sections  pro- 
viding for  the  referendum. 

Sec.  10.  The  Board  of  Commission- 
ers shall  have  power  to  authorize  steam 
railways  operating  their  lines  from  the 
(  ity  of  Collinsville  to  other  towns  and 
cities  beyond  its  limits  to  lay  their 
switches  on  and  over  the  streets  and 
other  property  of  the  City  of  Collins- 
ville, or  such  pai-ts  thereof  as  the  Board 
of  Commissioners  may  see  fit,  subject 
to  the  terms  of  this  charter  mid  to  such 


conditions   as     may   be   imposed   by   the 

j  Board   of   Commissioners. 

I      Sec.  17.     The  City  of  Collinsville  shall 

!  have  the  power,  by  ordinance  or  other- 

j  wise,  to  regulate  the  speed  of  engines, 

I  locomotives  and  street  cars  within  the 
limits  of  said  city;  and  to  .require 
steam    interurban    and    electric    railway 

j  companies  to  keep  the  streets  over 
which  they  run  properly  drained  and  to 
light  the  same  wherever  deemed  neces- 
sary and  to  require  steam,  interurban 
and  electric  railway  companies  to  con- 
sti^uct  and  keep  in  repair  from  curb  to 
curb,    bridges     and     crossings     over     all 

i  ditches  made  or  crossed  by  any  line  of 

j  said  railways  on  all  streets  over  which 
they  run;  to  direct  and  control  the  lay- 
ing and  construction  of  railroad  tracks, 
turnouts  and  switches  and  to  regulate 
the  grade  of  same,  and  to  require  them 
to  conform  to  the  grade  of  the  streets 
of   said   city   as   they   may  hereafter  be 

.  or  are  now  established,  and  that  said 
tracks  and  turnouts  and  switches  be  so 
constructed  and  laid  out  so  as  to  in- 
terfere as  little  as  possible  with  the 
ordinary  travel  in  the  use  of  the 
streets;  to  recjuire  steam  railways  using 
any  portion  of  the  streets  of  the  city 
to  pay  all  or  any  part  of  the  paving, 
grading,  draining  and  repairing  thereof 
along  the  streets  so  used  by  such  rail- 
way, and  to  light  the  same  whenever 
and  wherever  deemed  necessary  or  ad- 
visable; to  require  any  street  or  electric 
railway  company  to  pay  the  cost  of 
grading,    paving,    repairing    or   repaving, 

I  or  otherwise  improving  the  street  or 
streets  or  intersections  thereof  used  or 
occupied  by  such  railway  company  and 
such  cost  shall  be  a  lien  upon  the  prop- 

!  erty  and  franchise  of  the  company. 

I  The  portion  of  the  street  occupied  by 
an    electric   or   street    railway    company 

'  shall  be  deemed  to  be  the  space  be- 
tween its  track^  and  twenty-four  inches 
on  the  outside  of  each  of  its  rails,  and 
all  the  space  between  double  tracks, 
turnouts  and  switches. 

Any    railroad    cnni])nny.    infonirban    or 


36 


trcot  railway  company  proposing,  with 
,  he  permission  of  the  City  of  Collins- 
\  iVuK  to  occupy  any  street  or  streets 
already  occupied  by  any  other  such 
((.Hipany  shall,  besides  paying  for  pav- 
ing as  may  be  required  by  the  City  of 
<  ollinsville  or  by  the  provisions  of  this 
charter,  be  required  also  to  pay  for  pav- 
ing between  the  tracks  of  said  roads 
w  itliin  t*venty-four  inches  of  the  track 
if  .^uch  other  road,  and  such  costs  shall 
i)e  a  lien  upon  the  property  and  fran- 
chises of  the  company;  and  if  the  Board 
of  Commissioners  shall  so  direct,  said 
street  or  electric  railway  company  may 
.)>•  required  to  pave  the  street  or  streets 
iKcupiod  by  them  from  curb  to  curb. 

Sliould  any  railroad  or  street  railway 
ri)nij)any  propose  to  lay*  a  track  on  any 
street  or  portion  of  a  street  which  shall 
iiave  been  improved  under  the  provis- 
ions of  this  act,  it  shall  become  liable 
for  the  portion  of  the  cost  of  such  ira- 
[uovement  as  the  Board  of  Comraission- 
.  IS  may  direct,  or  as  is  fixed  by  this 
charter.  No  railroad  or  street  railway 
company  shall  be  permitted  to  occupy 
any  street  or  portion  of  a  street,  im- 
proved or  otherwise,  not  previously  oc- 
cupied by  it,  except  with  the  permis- 
sion of  the  Board  of  CommiS^oners,  and 
majority  of  the  tax-paying  voters  vot- 
ing therefor  at  a  regular  or  special  elec- 
tion. 

Sec.  18.  All  persons  or  corporations 
now  operating,  or  hereafter  operating 
within  the  corporate  limits  of  the  City 
of  Collinsville,  any  interurban  electric 
railway  line,  either  on  their  own  or 
other  street  raihvay  tracks,  shall  be 
required  to  give  reasonable  local  pas- 
senger service  thereon  within  the  cor- 
porate limits  of  the  City  of  Collins- 
ville  between  all  points  on  said  inter- 
urban line  or  lines  for  a  fare  not  ex- 
ceeding five  cents,  and  to  that  end  shall 
be  required  to  stop  passenger  cars  so 
operated  by  them  at  all  street  cross- 
ings in  said  city,  to  take  on  and  let  off 
local  passengers,  provided  that  this 
shall  not  apply  to  any  portion  of  such 


interurban  lines  where  local  service  is 
furnished  by  local  cars  to  the  same  ex- 
tent as  is  required  under  the  foregoing 
provisions    hereof. 

Sec.  19.  The  City  of  Collinsville  shall 
have  the  power  by  ordinance,  to  fix  and 
regulate  the  price  of  water,  gas  and 
electric  lights,  and  to  regulate  and  fix 
the  fares,  tolls  and  charges  of  local  tele- 
phones and  exchanges  of  public  car- 
riers and  hacks,  whether  transporting 
passengers,  freight  or  baggage,  and  gen- 
erally to  fix  and  regulate  the  rates, 
tolls  and  charges,  and  the  kind  of  ser- 
vice of  all  public  utilities  of  every  kind. 

feec.  'M.  The  Board  of  Commission- 
ers shall  have  the  power  to  require  any 
corporation  holding  a  franchise  from 
the  city  'to  allow  the  use  of  its  tracks, 
poles  and  wires  by  any  other  corpora- 
tion to  which  the  city  shall  grant  a 
franchise,  upon  the  payment  of  a  rea- 
sonable rental  therefor  to  be  fixed  by 
the  Board   of   Commissioners. 

Sec.  21.  Any  election  and  all  regular 
and  special  elections  held  in  and  fpr 
said  city  shall  be  governed  in  all  re- 
spects by  the  general  election  laws  of 
the  State,  except  as  herein  specially 
provided. 

Sec.  22.  The  Board  of  Commission- 
ers shall  be  vested  with  the  power  and 
charged  with  the  duty  of  adopting  all 
laws  and  ordinances  not  inconsistent 
with  the  constitution  and  laws  of  this 
State  touching  every  object,  matter 
and  subject  within  the  purview  of  the 
local  government  instituted  by  this 
charter. 

Sec.  23.  All  salaries  and  wages  to  be 
paid  employes  of  the  city,  except  as 
otherwise  provided  herein,  shall  be  fixed 
and  paid  by  the  Board  of  Commission- 
ers, acting  as  a  whole,  and  shall  not 
become  effective  unless  at  least  two 
members  of  the  board  shall  vote  there- 
for. 

Sec.  24.  It  shall  be  the  duty  of  the 
Board  of  Commissioners,  on  the  second 
Monday  in  July,  or  as  soon  thereafter 
as  practicable,  to  appropriate  such  sums 


37 


of  money,  respectively,  lor  each  of  the 
Aaricua  fUpaitments  of  the  city  govern- 
iiU'iit  as  it  deems  necessary  for  the 
maintenance  and  operation  thereof  dur- 
ijig  the  current  year.  The  current  fiscal 
year  shall  begin  at  12:01  o'clock  a.  m., 
on  the  fust  day  of  July  of  each  year. 

In  addition  to  the  department  appro- 
priations herein  provided  for,  the  Board 
of  Commissioners  shall  also  make  such 
appropriations  for  contingent  purposes, 
us    may    be   deemed   necessary. 

The  appropriation  herein  provided  for 
based  upon  estimates  submitted  by  the 
Business  Manager,  in  his  annual  budget, 
provided  the  same  shall  have  been  sub- 
mitted to  the  board  as  herein  provided. 

The  head  of  each  department  created 
by  the  Board  of  Commissioners  shall 
maki'  a  written  report  to  the  Business 
]\lanager  not  later  than  the  fifth  day 
of  .July  in  each  and  every  year,  show- 
ing the  operation  of  such  department 
for  the  preceding  year.  These  reports 
shall  be  transmitted  to  the  Business 
Manager  and  shall  accompany  and  be 
made  a  part  of  the  Business  Manager's 
report  to  the  Board  of  Commissioners, 
which  report  shall  not  be  made  later 
than  the  second  Monday  in  July  in  each 
year. 

The  Business  Manager  shall  also 
make  such  recommendations  to  the 
Board  of  Commissioners  concerning  the 
increase  or  decrease  of  departmental 
estimates  as  in  his  judgment  may  best 
serve  the  interests  of  the  city.  He  shall 
also  submit  an  estimate  for  a  special 
contingent  fund  for  the  current  year. 

In  making  up  the  budget  allowance 
for  any  current  year  the  Board  of  Com- 
missioners shall  first  make  provisions 
for  the  payment  of  the  interest  and  for 
the  creation,  setting  aside  and  preser- 
vation of  a  legal  sinking  fund  upon  all 
of  the  outstanding  indebtedness  of  the 
city  and  shall  then  make  such  appropri- 
ations as  the  remaining  revenues  of  the 
city  may  justify  to  be  appropriated 
among  the  respective  departments,  or 
otherwise    appropriated    for   public   uses, 

38 


as  the  Board  of  Commissioners  may 
deem  best;  provided,  however,  that  in 
no  case  shall  the  entire  appropriation  so 
made,  including  interest  and  sinking 
fund  on  the  bonded  debt,  and  appro- 
priatioiyfor  all  other  public  uses  and 
purposes,  ever  exceed  the  estimated 
available  resources,  which  shall  be  based 
upon  the  probable  revenue  of  the  city 
derived  from  ad  valorem  taxes  upon  the 
basis  of  the  total  valuation  of  property 
for  taxation  for  the  preceeding  year, 
and  of  such  other  contingent  revenues 
of  the  city  as  will  probably  accrue. 

It  shall  be  deemed  malfeasance  for 
the  Board  of  Commissioners  to  make  an 
appropriation  in  the  budget,  the  sum 
total  of  which  shall  exceed  the  esti- 
mated available  or  .probable  revenues  for 
any  current  fiscal   year. 

See.  25.  The  Board  of  Commission- 
ers at  its  second  regular  meeting  in 
June  of  each  year,  or  as  soon  there- 
after as  practicable,  shall  levy  the  an- 
nual tax  for  such  year,  but  special  taxes 
or  assessments  allowed  by  this  charter 
may  be  levied,  assessed  and  collected  at 
such  times  as  the  Board  of  Commis- 
sioners  in   each  case   may  provide. 

Sec.  26.  The  Board  of  Commissioners 
shall  have  full  power  to  provide,  by 
ordinance,  for  the  prompt  collection  of 
taxes,  levied,  and  imposed  under  this 
charter,  and  are  hereby  authorized,  and 
to  that  end  may  and  shall  have  full 
power  and  authority  to  sell  or. cause  to 
oe  sold  all  kinds  of  property,  real  and 
personal,  and  may  and  shall  make  such 
rules  and  regulations  and  ordain  and 
pass  all  ordinances  deemed  necessry  to 
the  levying,  laying,  imposing,  assessing 
and  collecting  of  any  taxes  provided  for 
in  this  charter.  Unless  otherwise  pro- 
vided by  this  charter  and  by  ordinance 
passed  thereunder,  all  property  in  such 
city  liable  to  taxation  shall  be  assessed 
in  accordance  with  the  provisions  of 
general  laws  of  the  State  insofar  as  ap- 
plicable. 

Sec.  27.  The  Board  of  Commissioners 
shall  have  the  management  and  control 


of  the  finances  oi  the  city  except  as 
otherwise  lieiein  provided.  They  shall 
have  the  power  to  appropriate  money 
and  provide  for  the  payment  of  debts 
and  expenses  of  the  city;  to  provide  by 
oidinance  special  funds  for  special  pur- 
poses provided  for  under  the  provisions 
of  this  charter,  and  to  make  the  same 
disbursable  only  for  such  purpose,  and 
to  impose  i)roper  penalties  for  enforcing 
the  same;  to  provide  by  ordinance  for 
the  payment  of  any  existing  and  out- 
standing indebtedness  and  for  the  pay- 
ment of  any  bonds  that  may  from  time 
to  time,  be  issued,  and  shall  for  such 
purposes  have  the  power  to  levy,  assess 
and  collect  a  special  tax. 

Sec.  28.  The  Board  of  Commissioners 
shall  have  the  power  to  fund  or  re- 
fund by  ordinance  the  whole  or  any 
part  of  the  existmg  debts  of  the  city, 
or  any  further  debt  by  acquiring  and 
cancelling  the  evidence  thereof  and  to 
issue  other  bonds  in  lieu  thereof,  either 
registered  or  coupon,  bearing  interest  at 
a  rate  not  greater  than  the  original  in- 
debtedness, and  to  this  end  may  apply 
the  sinking  fund  belonging  to  any  series 
of  bonds  so  refunded,  and  may  pay  and 
Retire  any  bond  by  using  the  sinking; 
fund  thereof. 

Sec.  29.  Neither  the  Business  Mana-  i 
gcr  nor  any  member  of  the  Board  ofj 
Commissioners,  nor  any  elective  or  ap-  i 
pointive  employe  of  the  city,  shall  he  [ 
directly  or  indirectly  in  the  employ  of, 
any  person,  company,  or  corporation  \ 
holding  or  seeking  to  hold  any  franchise  _ 
of  the  City  of  Collinsville,  or  shall  re- 1 
recive,  directly  or  indirectly,  any  wage,! 
commission  fee,  gift,  favor  or  payment; 
from  any  such  franchise  holder,  and  a! 
violation  of  this  section  shall  ipso  facto,} 
render  vacant  the  position  held  by  the 
person  so  violating  it,  and  shall  be  pun- 
ished as  bribery. 

No   member   of   the    Board    of   Com- 
missioners  or   any   other  officer  of   the; 
city   shall   be   directly   or   indirectly   in- 
terested in   any   work,  business   or  con- 
tract,   the    expense,    price    or    considera- ' 


tion  of  which  is  paid  from  the  City 
Treasury,  or  by  any  assessment  levied 
by  ordinance  or  resolution  of  the  Board 
of  Commissioners;  nor  by  the  surety  of 
any  person  having  any  contract  v^ork  or 
business  with  said  city  for  the  perform- 
ance of  which  security  may  be  required, 
nor  be  the  surety  on  the  official  bond 
of  any  officer  of  the  city.  Contracts 
in  violation  of  said  provision  shall  be 
void,  and  any  officer  violating  the  fore- 
going provisions  shall  be  deemed  guilty 
of  malfeasance. 

Sec.  30.  The  Board  of  Commissioners 
shall  by  ordinance  adopt  such  rules  and 
regulations  for  its  government  and  order 
of  business  as  its  members  may  deem 
best.  It  shall  be  the  judg^  of  the  quali- 
fications and  election  of  its  members, 
including  the  Business  Manager,  and 
shall  have  authority  to  recount  the 
votes  cast  for  either  of  its  members, 
and  to  correct  the  results,  which  may 
have  been  theretofore  declared,  in  the 
event  notice  of  a  contest  of  any  such 
election  shall  be  given  within  thirty 
days  after  such  election  shall  have  been 
held.  It  shall  also  be  the  judge  of  the 
election  and  qualification  of  all  other 
city  officers  subject  to  the  provisions 
of  this  charter .  applying  thereto.  It 
may  punish  members,  or  other  persons, 
during  its  sittings  by  fine  or  imprison- 
ment in  the  city  jail,  or  by  both  such 
fine  and  imprisonment,  for  disorderly 
conduct. 

Sec.  31.  The  Business  Manager  and 
each  commissioner  and  clerk,  and  City 
Assessor  and  Collector  of  Taxes,  be,  and 
they  are  hereby  authorized  to  adminis- 
ter oaths  in  the  municipal  affairs  and 
government  of  the  city. 

Sec.  32.  All  the  powers  vested  in 
this  charter  in  the  Board  of  Commis- 
sioners of  the  City  of  Collinsville,  in 
regard  to  ordinances  and  all  legislative 
authority  vested  in  said  board,  are  sub- 
ordinate and  subject  to  said  powers  of 
the  initiative  and  referendum  as  set  forth 
in  the  Constitution  and  statutes  of  the 
State   of   Oklahoma,   which    are   now   in 


39 


force  and  effect,  or  wliich  may  ho  here-  lur    of    his    office    to   assess    and   collect  ' 

after  passed  to  carry  out  the  provisions  the    taxes    herein      provided    for.      The  * 

of    the    constitution    in    regard    to    the  Board  of  Commissioners  shall  collect  all  j 

initiative    and   referendum.  .  taxes    due    the    city,    whether   the    same  1 

Article   XIV.  be   general,    special    assessment,   occupa-   . 

Revenue  and  Taxation.  .  tion,  license  or  otherwise,  and  shall  de-  ^ 

Section    1.      The    City    of    Collinsville  posit    same    in    the    city's    depositories  J 

shall    have    the    power    and    is    hereby  within   twenty-four    (24)    hours   of  their  \ 

authorized  annually   to  levy  and  collect  collection    and    shall    make    and    publish  i 

taxes  for  general   revenue  purposes,  not  a    monthly    report   of    the    same.      They  .' 

to  exceed  eight    (8)    mills  on   the   dollar  shall   be   vigilant   anH.  see  that  no  busi-  j 

of  the  assessed  value,  on  all  real,  mixed  i.oss  of  any  kind  is  conducted  unless  the   ■ 

and   personal   property    in   the   city,   not  license  or  occupation  tax  due  shall  have   : 


exempt  from  taxation  by  the  Constitu- 
tion and  Laws  of  the  State  of  Oklaho- 


been  first  paid.     The  Board  of  Commis- 
sioners shall  be  responsible  for  all  acts 


ma;    provided,    that    an    additional    levy   of  the  officials  charged  with  the  assess-  ] 
of  not  more  than  four   (4)   mills  on  the   nieut  and  collection  of  the  taxes  herein 

dollar  of  the  assessed  value  on  all  real,    provided    for.      They   shall   be   active    in  ^ 

mixed  and  personal  property  in  the  city ;  the    collection    of    all    delinquent    taxes  i 

not  exempt   from   taxation  by  the   Con- ,  and    enforce    their    collection    as    herein  1 

stitution   and  ].aws   of  the  State,   when    provided,    and    as    may    be    provided    by  j 

a   majority   of   the   qualified   tax-paying   ordinance.  ! 

voters  of  the  city,  voting  at  an  election  |      For  the  failure  of  any  officer  to  de-  | 

held   therefor   or   at   any   other   election, '  posit   in   any  of  the   depositories  of  the  ■ 

shall    vote    in    favor   thereof.                      :  city    within    twenty-four    hours    of    the  | 

Sec    2.     The  City  of  Collinsville  shall    collection    thereof    of    all    moneys    col-  i; 

levy     and     collect     sufficient    additional   lected  by  him,  said  officer  and  .the  sure-  ■ 

revenue  to  create  a  sinking  fund  to  be   ties    on    his    bond   shall    be    required    to  ; 

used,  first,  for  the  payment  of   interest   pay   interest  to  the  city  at  the  rate  of  ■ 

coupons    as    they    fall    due;    second,    for   ten  per  cent,  per  annum  on  such  money  .J 

the  payment  of  bonds  as  they  fall  due;    until  deposited.     FaUure  to  deposit  any  : 

third,  for  the  payment  of  such  parts  of   collection  as  required,  shall  remove  said  5| 

judgments  as  said  city  may,  by  law,  be  officer,  ipso  facto,  and  failure  to  so  re-  ] 

re<iuired   to    pay;    fourth,    for   the    pay-    m6ve    any    officer,    so    failing,    shall    be  ] 

ment  of  special  assessment.                           sufficient   cause   to   remove    from   office  | 

Sec.    3.      The    assessment    and    coUec-   the     Board  of     Commissioners.     If     the  ^ 

tion  of  taxes  shall  be  under  the  super-    Board  of   Commissioners   propose  to   in-  ^ 

vision    of   the   Board   of   Commissioners,   crease  any  assessment  over  the  amount  • 
and    they    shall    be    directly    responsible    assessed    in    the    preceeding    year,    they"(| 

for   the   performance    of    all    duties   re-   shall    cause    notice    to   be   given    to   the  , 

lating    thereto.      They    shall     assess    all   owner,  stating  the  fact  that  the  assess-  j 

taxable    property    in    such    manner    and   ment  of  the  property  is  about  to  be  in-  ; 

at  such  time  as  they  may  prescribe  by   creased,    and    said    noice    shall    be    ad-  ; 

ordinance    in    accordance    with    the    pro-   dressed    to    the    owner,    agent    or    repre-  i 

visions  of  this  charter.    They  shall  have   sentative    thereof,    and    mailed    at     the  ^ 

power  to  require  all  property  liolders  to   postoffiee    in    the    City    of     Collinsville,  i 

tender  a  correct  account  of  their   prop-   and  sl?all  give   further  notice  by   publi-  : 

erty   under    oath    or    affirmation   to  be   cation    three    times    in    some    newspaper  ^ 
administered   by   them   or  by   any    duly   published   and   of  general   circulation   in 

authorized  officer  of  the  City  of  Collins-   the   city   and  not   less   than   three   days  ; 

ville.  having  power  by  ordinance  by  vir-    shall     intervene    between     each    publica-  • 

40  ! 


tion  if  such  publication  be  made  in  a 
daily  newspaper,  if  made  in  a  weekly 
newspaper  it  shall  be  published  twice 
and  not  less  than  one  day  shall  inter- 
vene between  the  last  day  of  publica- 
tion and>  the  day  set  for  the  hearing. 
Said  notice  need  not  specifically  desig- 
nate the  particular  property,  or  the 
amount  to  be  increased.  When  the 
owner  is  unknown  the  newspaper  notice 
shall   be   sufficient. 

The  Board  of  Commissioners  shall 
have  power  to  prorate  the  taxes  against 
tracts  of  land  owned  by  different  own-, 
ers,  which  have  been  taxed  together  as 
one  tract,  and  to  divide  and  apportion 
the  lien  to  each  of  the  several  tracts 
according  to  its  proportion  of  the  entire 
assessment. 

For  the  purpose  of  carrying  out  the 
piovisions  herein  made  for  the  assess- 
ment and  collection  of  taxes,  the  Board 
of  Commissioners  shall  create  by  ordi- 
nance the  office  of  City  Assessor  and 
Collector  of  Taxes,  provide  the  rules 
and  regulations  for  said  office  not  in- 
consistent with  the  provisions  of  this 
charter  and  may  combine  said  office 
with  any   other  office. 

Sec.  4.  The  Board  of  Commissioners 
shall  have  full  power  to  provide  by 
ordinance  for  the  prompt  collection  of 
faxes  assessed,  levied  and  imposed  un- 
der this  charter,  and  are  hereby  author- 
ized, and  to  that  end  may  and  shall 
have  full  power  and  authority  to  sell 
or  cause  to  be  sold  all  kinds  of  prop- 
erty, real  and  personal,  and  may,  and 
shall  make  such  rules  and  regulations 
and  ordain  and  pass  all  ordinances 
deemed  necessary  to  the  levying,  lay- 
ing, imposing,  assessing  and  collecting 
of  any  taxes  provided  for  in  this  char- 
ter. Unless  otherwise  provided  by  or- 
dinance and  this  charter,  all  property  in 
such  city  liable  to  taxation  shall  b^  as- 
sessed in  accordance  with  the  provisions 
of  the  general  laws  of  the  State,  inso- 
far   as    applicable. 

Sec.  5.  The  Board  of  Commissioners 
shall    have   power  by   ordinance   to   reg- 


ulate the  manner  and  mode  of  making 
out  tax  lists,  inventories  and  appraise- 
ments of  property  therein,  and  to  pre- 
scribe the  oath  that  shall  be  adminis- 
tered to  each  person  on  rendition  of  his 
property,  ana  prescribe  how,  when  and 
where  property  shall  be  rendered,  and 
to  prescribe,  the  number  and  form  of 
assessment  rolls  and  fix  the  duties  and 
define  the  powers  of  City  Assessor  and 
adopt  such  measures  as  the  Board  of 
Commissioners  may  deem  advisable  to 
secure  the  assessment  of  all  property 
within  the  city  limits,  and  collect  the 
tax  thereupon,  and  may  provide  a  fine 
for  all  persons  neglecting,  failing  or  re- 
fusing to  render  their  property  for  tax- 
ation. 

Sec.  6.  The  Assessor  of  Taxes  shall, 
at  least  ten  days  before  the  first  day  of 
January  of  each  year,  give  public  notice 
by  advertisement  in  some  paper,  that 
all  persons  owning  or  controlling,  as 
agent  or  otherwise,  any  personal  prop- 
erty or  real  estate  subject  to  municipal 
taxation  on  or  before  the  first  day  of 
April  of  each  year  All  merchants  do- 
ing business  in  the  city  are  required 
within  the  same  time,  to  furnish  the 
Assessor  and  Collector  of  Taxes  a  true 
statement,  verified  by  affidavit,  of  all 
goods,  wares  and  merchandise  owned  or 
kept  on  hand  by  such  merchant  on  the 
first  day  of  January.  Any  merchant 
failing  to  comply  with  this  require- 
ment shall  be  liable  to  such  fine  as  may 
be  imposed  by  ordinance. 

Sec.  7.  If  the  Assessor  of  Taxes  shall 
discover  any  real  or  personal  property 
which  was  subject  to  taxation  for  any 
previous  year,  and  which  from  any 
cause  has  escaped  taxation  for  that 
year,  he  shall  assess  the  same  in  a 
supplement  to  his  next  assesment  roll 
at  the  same  rate  under  which  such  prop- 
erty should  have  been  assessed  for  such 
year,  stating  the  year,  and  the  taxes 
thereon  shall  be  collected  the  same  as 
other  assessments:  Provided,  that  such 
supplement  roll  may  be  made  at  any 
time  and  reported  to  the  Board  of  Com- 


41 


niissionrrs  tor  its  approval,  and  any 
nnmbor  of  aiich  rolls  may  bo  made  that 
may  bo  noeossary.  Tlio  taxes  assessed 
in  .suelt  supplement  rolls  for  years  pre- 
vious to  the  approval  of  such  rolls  by 
the  Board  of  Commissioners,  and  such 
taxes  may  boar  interest  at  the  rate  of 
six  per-  cent,  per  annum  from  date  on 
which  the  same  Mould  have  been  delin- 
quent if  levied  and  assessed,  and  if  the 
same  shall  not  be  paid  within  thirty 
days  after  the  date  of  such  approval 
the  Board  of  Commissioners  shall  pro- 
coed  to  collect  the  same  by  advertise- 
ment and  by  sale  of  such  property  as 
soon  as  practicable;  such  advertisement 
and  sale  to  be  made  in  the  same  man- 
ner, and  for  the  same  time  as  in  cases 
of  the  sale  of  such  property  for  other 
ad  Valorem  taxes,  as  prescribed  by  the 
city  charter:  Provided,  that  a  misnomer 
of.  or  failure  to  name  the  owner  in  the 
assessment  roll  shall  not  affect  the  va- 
lidity of  the  assessment  of  any  taxes; 
and.  pi'ovided  further,  that  when  such 
taxes  have  not  been  attempted  to  be 
assessed  for  such  previous  year,  such 
taxes  shall  bear  interest  only  from  the 
date  of  approval  of  the  supplement  rolls. 
The  Assessor  of  Taxes  may  in  any  year 
reassess  property,  which,  because  of  ir- 
regularity in  the  assessment,  of  any 
previous  year  may  have  been  improp- 
erly assessed;  such  reassessment  shall 
be  at  the  value  at  which  it  should  have 
been  assessed  in  any  such  year,  and 
property  owners  of  such  property  shall 
take  notice  of  such  reassessment,  if 
made  prior  to  the  first  of  April  in  any 
year,  but  if  made  after  such  date,  notice 
shall  be  given  by  the  Assessor  and  Col- 
lector of  Taxes  as  in  case  of  the  raising 
of  an  assessment.  Any  property  owner 
whose  property  has  been  reassessed  may 
appeal  to  the  Board  of  Commissioners 
as   in  case  of  an  original  assessment. 

See.  8.  The  Assessor  of  Taxes  shall 
assess  all  property  which  for  any  cause 
has  not  been  rendered,  placing  such 
valuation  thereon  as  he  may  deem  just. 
If  the  owners  of  such  property  are  un- 


known,   such    assessment    may    be    made 
in   the   name'  "unknown." 

Sec.  9.  No  irregularity  in  the  time 
or  manner  of  making  or  returning  the 
city  assessment  rolls  or  the  approval 
of  such  rolls  shall  invalidate  any  assess- 
ment. 

Sec.  10.  All  property,  real  and  per- 
sonal, shall  be  rendered  for  taxation  by 
the  owner  thereof  or  his  agent  as  pro- 
vided by  the  laws  of  the  State  for  the 
rendition  of  property  for  assessment  by 
the  county:  Provided,  however,  that  in 
making  such  renditions  the  owner  or 
agent  shall  not  be  required  to  state  the 
value  of  the  real  property,  but  shall 
furnish  to  the  assessor,  verified  by  the 
oath  of  the  party  making  such  rendi- 
tion, a  full  and  complete  list  and  sched- 
ule of  all  property,  real  and  personal, 
belonging  to  the  person,  firm  or  corpo- 
ration in  whose  name  such  property  is 
rendered.  It  shall  be  the  duty  of  the 
assessor  to  value  each  and  every  item 
of  the  property  so  rendered  in  accord- 
ance with  the  fair  cash  value  estimated 
at  the  price  it  would  bring  at  a  fair, 
voluntary  sale  to  be  applied  alike  to  all 
tax-payers,  and  to  transmit  to  the 
Board  of  Commissioners  all  renditions 
thus  made,  together  with  a  statement 
by  him,  verified  by  his  oath,  to  the 
effect  that  he  has  truly,'  fairly  and 
equally  valued  all  such  property.  The 
Board  of  Commissioners,  sitting  as  a 
board  of  equalization  and  appeals,  shall 
revise  the  tax  roll?,  and  it  shall  be  their 
duty  to  correct  all  unequal  assessments, 
and  to  increase  or  reduce  the  valuation 
fixed  by  the  assessor  as  the  case  may 
require,  so  as  to  equalize  the  basis  and 
method  of  assessment  adopted  for  all 
such  renditions.  It  shall  also  be  their 
duty  to  hear  and  fairly  determine  all 
appeals  from  f»roperty  assessments 
fixed  by  them  or  under  their  authority. 
It  shall  be  the  duty  of  the  Board  of 
Commissioners  to  adopt  such  rules  and 
regulations  from  time  to  time  as  to 
them  may  appear  necessary  to  secure 
complete    renditions    for    assessments    of 


42 


ail  taxable  property  in  the  city. 

The  Board  of  Commissioners  shall 
cause  to  be  prepared,  as  soon  as  prac- 
ticable, an  alphabetical  list  of  the  tax- 
payers of  the  city,  together  with  the 
total  ainoiiiit  of  property  assessed 
against  each  which  list  shall  be  pre- 
served in  the  office  of  the  Business 
Manager  and  shall  be  accessible  to  the 
public. 

Sec.  11.  A  lien  is  hereby  created  on 
all  property,  personal  and  real,  in  favor 
of  the  City  of  Collinsville,  for  all  taxes, 
ad  valorem,  occupation  or  otherwise. 
Said  lien  shall  exist  from  August  first 
each  year  until  the  taxes  are  paid.  Such 
lien  shall  be  prior  to  all  other  claims, 
and  no  gift,  sale,  assignment  or  trans- 
fer of  any  kind,  or  judicial  writ  of  any 
kind,  can  ever  defeat  such,  lien,  but  the 
Busincr.s  Manager  shall  pursue  such 
property,  and  whenever  found  may  sieee 
and  sell  enough  thereof  to  satisfy  such 
taxes. 

Sec.  12.  If  anyone  against  whom  a 
personal  tax  is  assessed,  and  which  is 
due  and  unpaid,  whether  the  same  be 
delinquent  or  not,  shall  have  removed 
out  of  the  city,  or  shall  be  about  to  re- 
move out  of  the  city,  or  shall  have  re- 
moved or  about  to  remove  his  personal 
property  out  fo  the  city,  it  shall  be  the 
duty  of  the  Business  Manager  to  pro- 
ceed at  once  and  collect  such  taxes  by 
seizure  and  sale  of  any  personal  prop- 
erty of  such  person  to  be  round  in  the 
City  of  Collinsville  or  anywhere  in  the 
State   of  Oklahoma. 

Sec.  13.  All  taxes  shall  be  payable 
at  the  office  of  the  Business  Manager 
or  City  Assessor  and  Collector  of  Taxes, 
and  the  Board  of  Commissioners  shall 
have  full  power  to  sell  or  cause  to  be 
sold,  all  personal  and  real  property  for 
taxes  due,  and  shall  make  all  rules  and 
regulations   necessary   for  such   purpose. 

Sec.  14.  No  demand  for  taxes  shall 
be  necessary,  but  it  is  hereby  made  the 
duty  *of  every  person  or  corporation 
subject  to  taxation  to  attend  at  the 
office    of    the     Business    Manager    some 


time  between  the  first  day  of  August 
and  the  first  day  of  November  in  each 
year  and  pay  his  or  her  taxes.  If  any 
taxpayer  shall  fail  to  pay  such  taxes 
before  the  first  day  of  November  after 
the  same  shall  become  due,  the  same 
shall  be  delinquent  and  bear  interest  at 
the  rate  of  six  per  cent,  per  annum 
Upon  all  taxes  paid  or  collected  aftej 
the  first  day  of  November  the  Busines? 
Manager  shall  collect  from  the  delin 
quent  taxpayer  a  penalty  of  two  pei 
cent,  of  the  total  amount  of  taxes  col- 
lected or  paid  by  such  taxpayer.  On  all 
taxes  paid  or  collected  after  the  first 
day  of  December  next  following  the 
time  when  such  taxes  shall  have  become 
due,  the  Business  Manager  shall  collect 
a  penalty  of  four  per  cent,  on  the  total 
amount  of  taxes  paid  or  collected.  On 
all  taxes  paid  or  collected  after  the 
first  day  of  January  next  following  the 
date  on  which  such  taxes  shall  have  be- 
come due,  the  Business  Manager  shall 
collect  a  penalty  of  six  per  cent,  on  the 
total  amount  of  taxes  paid  or  collected. 
On  all  taxes  paid  or  collected  after  the 
first  day  of  February  next  following  the 
time  at  which  such  taxes  shall  have  be- 
come due,  the  Business  Manager  shall 
collect  a  penalty  of  ten  per  cent,  on 
the  total  amount  of  taxes  paid  or  col- 
lected, which  penalty  shall  be  cumula- 
tive of  and  in  addition  to  the  interest 
provided  for  by  this  section  and  such 
penalties  shall  be  an  obligation  of  the 
taxpayer,  and  be  secured  by  the  same 
lien  and  collected  in  the  same  manner 
as  the  taxes. 

Sec.  15.  The  Business  Manager  shall, 
by  virtue  of  his  tax  rolls,  have  power 
and  authority  to  seize  and  levy  upon 
personal  property  and  real  estate  and 
sell  the  same  to  satisfy  delinquent 
taxes.  When  he  seizes  personal  prop- 
erty for  such  purposes  he  shall  keep  the 
same  at  the  expense  of  the  owner  until 
the  sale  is  made,  and  shall  give  notice 
of  the  time  and  place  of  sale  of  same 
by  posting  a  written  notice  at  the  City 
liall   door,  at  least  ten  davs  before  the 


43 


^u'Av  of  sale.  He  shall  si^ll  the  same 
U)  Ihe  liighest  bidder  for  cash  for  all 
taxes,  interest,  cost  and  expense  of  car- 
ing for  said  property,  and  shall  make 
an  entry  in  the  books  of  sales  of  the 
amount  realized;  all  such  sales  shall  be 
made  at  any  door  of  the  City  Hall 
specified  by  ordinance. 

Sec.  lo.  Before  sales  of  real  estate 
are  made,  notice  of  the  time  and  place 
tt'  sale,  together  with,  as  near  as  may 
be,  a  description  of  the  property  shall 
be  given  by  posting  one*  notice  at  the 
City  Hall  in  the  City  of  Collinsville. 
also  by  publication  in  some  newspaper 
of  the  city,  for  at  least  three  weeks, 
and  sliall  be  published  not  more  than 
twice  in  any  one  week  which  shall  con- 
tain a  statement  of  the  amount  due  on 
each  particular  piece  of  ground;  all  such 
scales  shall  be  made  at  any  door  of  the 
City   Hal!,  specified  by  ordinance. 

Sec.  17.  The  Board  of  Commissionera 
shall  have  full  power  to  do,  or  cause 
to  be  done,  everything  whatsoever  nec- 
essary to  enforce  a  prompt  and  valid 
assessment  and  collection  of  all  taxes 
and  assessments  provided  for  in  this 
charter,  and  to  make  all  regulations 
necessary  for  a  valid  assessment  of 
such  taxes  and  for  the  sale  of  property 
foi-   said   taxes    and   assessment. 

Sec.  18.  The  Buiness  Manager  shall, 
where  any  real  estate  has  been  sold  for 
taxes,  make  and  execute  a  deed  to  the 
purchaser  for  the  property  sold,  which 
deed  shall  be  prima  facie  evidence  of 
the   following  facts: 

First.  That  the  lot  or  lots,  or  prop- 
erty conveyed,  was  or  were  subject  to 
taxation  and  assessment  at  the  time  of 
such  sale,  and  at  the  time  taxes  thereon 
were  levied  and  assessed,  and  that  such 
taxes  were  regularly  levied  and  assess- 
ed in  all  respects  according  to  law. 

Second.  That  such  taxes  were  not 
paid  in  whole  or  in  part  at  any  time 
before  such  sale  and  that  a  lien  existed 
on  the  property  conveyed  in  such  deed 
for  taxes. 

Third.     That   the    real    estate    therein 


conveyed  was  advertised  according  to 
law. 

Fourth.  That  the  property  conveyed 
was  advertised  according  to  law,  -was 
regularly  and  lawfully  sold  for  taxes 
which  were  delinquent  at  the  time  of 
the  advertisement  and  sale. 

Fifth,  When  such  property  shall 
have  been  sold  to  the  City  of  Collins- 
ville or  any  other  purchaser,  at  such 
sale,  either  for  general  or  special  taxes, 
the  title  acquired  by  the  city,  or  such 
purchaser  shall  not  be  disputed  by  any 
person  whomsoever,  or  for  any  cause 
whatever,  except  upon  tender  to  said 
city,  or  purchaser,  of  the  taxes  lawfully 
due  on  such  property  for  which  such 
sale  was  made,  together  with  law^ful  in- 
terest thereon,  and  all  accrued  penal- 
ties and  costs,  as  provided  by  the  city 
charter  of  the  City  of  Collinsville. 

Sec.  19.  A  sale  of  personal  property 
for  delinquent  taxes  shall  convey  with 
it  an  absolute  title  and  the  owner 
shall  have  no  right  to  redeem  the  same. 

Sec.  20.  The  city  shall  have  the  right 
to  become  a  purchaser  of  property  at 
tax  sales,  and  the  chairman  of  the 
Board  of  Commissioners  shaJl  attend 
such  sales  for  such  purpose,  and  may 
empower  any  person  to  so  bid  on  be- 
half of  the  city. 

Sec.  21.  Whenever  any  real  property 
is  bid  off  to  the  city,  or  to  any  indi- 
vidual for  delinquent  taxes,  the  owner 
or  attorney,  or  his  agents  may  redeem 
the  same  at  any  time  within  two  years 
from  day  of  sale  by  paying  the  follow- 
ing amounts: 

All  taxes  paid  or  due,  ten  per  cent 
per  annum  interest  thereon  from  the 
time  they  became  delinquent,  and  two 
and  one-half  ($2.50)  dollars  as  costs  on 
each  piece  of  property  sold,  and  as  a 
further  penalty,  a  sum  equal  to  twei^ 
ty-five  per  cent,  of  the  amount  of  the 
delinquent  tax,  if  redeemed  in  three 
months;  fifty  per  cent  penalty  if  re- 
deemed in  six  months,  seventy-five  "per 
cent,  penalty  if  redeemed  in  one  year, 
and   one   hundred    per   cent,    if   redeemed 


44 


thoroafter  within  two  yoars,  the  said  property,  and  tor  the  enforcement  of 
penalties  to  go  to  the  purchaser  at  tax  levies  for  such  taxes;  and  the  assess- 
sales,  whether  the  purchaser  be  the  city  ment  rolls  shall  be  prima  facie  evidence 
or  an  individual.  of   the   facts    stated    in    said   rolls   and 

Sec.  22.  All  levies  of  ad  valorem  tlj^t  all  taxes  assessed  on  such  rolls 
taxes  heretofore  made  by  the  City  of  have  been  regularly  levied  and  assessed 
Collinsville,  and  all  assessments  hereto-  in  accordance  with  the  provisions  of 
fore  made,  and  assessment  rolls  hereto-  this  charter  and  of  the  law;  and  no  ir- 
tore  placed  in  the  hands  of  the  City  regularity  in  the  manner  of  levying  or 
Collector  of  Taxes  for  collection  are  a»5^essing  taxes  shall  invalidate  the 
hereby  validated  and  the  same  shall  be  same  unless  it  appears  from  affirma- 
legal  and  binding,  regardltiss  of  any  tive  proof  that  such  irregularity  oper- 
irregularity  that  may  exist  in  the  man-  ated  injuriously  to  the  taxpayer  at- 
ncr  of  making  such  levies,  and  the  mak-  tempting  to  avoid  the  payment  of  such 
ing  and  returning  of  such  assessment  tax.  Nothing  in  this  section  shall  pre- 
rolls.  This  provision  shall  apply  to  all  vent  the  Board  of  Commissioners  from 
Huits  and  actions  now  pending,  as  well  hearing  all  complaints  as  to  erroneous 
as   those   hereafter  prosecuted.  and  unjust  assessments,  and  said  Board 

Sec.  23.  In  any  suit  by  th^  City  of  of  Commissioners  is  hereby  empowered 
Collinsville  for  the  collection  of  any  de-  and  it  is  hereby  made  their  duty  to 
linquent  tax  where  it  shall  appear  that  hear  such  complaints,  and  said  board 
the  description  of  any  property  in  the  shall  have  power  within  one  year  after 
city  assessment  rolls  shall  be  insuffici-  this  act  goes  into  effect,  and  not  there- 
out to  iflentify  such  property  the  city  alter  to  readjust,  compromise  and  set- 
shall  have  the  right  to  set  up  in  its  tie  all  disputes  with  reference  to  the 
pleadings  a  gooa  description  of  the  legality  of  validity  of  taxes  claimed  to 
property  intended  to  be  assessed  and  to  be  due  by  any  person  or  persons  upon 
prove  the  same,  and  to  have  its  judg- ,  ony  real  estate  within  the  city.  They 
ment  foreclosing  its  tax  lien  upon  the  |  may  reduce  former  assessments  on  sat- 
same  and  personal  judgment  against  ■  isfa^tory  proof  that  the  same  was  ex- 
the  owner  for  such  taxes,  the  same  aslcerisive;  such  settlement  when  certified 
if  such  property  were  fully  described  to  by  the  Board  of  Commisioners  to  be 
upon  the  assessment  rolls.  ,  filed    with    the    Business    Manager,    who 

Sec.  24.  When  the  owner  of  the  prop- 1  shall  accept  payment  of  taxes  in  accor- 
erty  or  his  agent  shall  render  any  prop-  j  dance  therew  ith  and  thereafter  a  tax  re- 
( rty  to  the  assessor  for  assessment  j  ceij^t  for  the  amount  of  said  taxes  in 
and  such  property  is  assessed  in  ac-  j  full  for  all  such  years  as  aforesaid  shall 
(ordance  with  the  description  furnished ;  be  acepted  in  full  satisfaction  for  said 
by  such  OAVTier  or  his  agent,  the  suffici-  j  taxes. 

ency    of    such    description    shall  not  he  \  Article    XV. 

disputed   by   such   owner   in   any    action ;  Public    Utilities, 

or  suit  for  the  collection  of  such  taxes;  ;  Section  1.  No  .street,  alley,  or  public 
but  the  same  shall  be  binding  upon ;  highway  in  the  City  of  Collinsville 
such  owner,  and  shall  be  sufficient  for  i  shall  ever  be  used  by  any  person,  firm 
all  purposes  of  such  assessment.  1  or    corporation    for    the    construction    or 

Sec.  25.  The  provisions  herein  for  ^  operation  of  a  street  railway,  telegraph 
the  collection  of  taxes  shall  not  be  con-  !  line,  telephone  system,  or  any  other 
strued  to  prevent  the  city  from  filing  i  business  of  a  public  or  quasi  public  na- 
suit  in  any  court  of  conpctent  juris-  j  ture,  without  obtaining  authority  there- 
diction  for  the  collection  of  any  taxes  for  under  a  franchise  granted  by  the 
duo  on   real   estate,   as  well  as   personal !  Board    of    Commissionors.    in    accordance 

45 


with   the  provisions  of  this  charter.     It : 
shall  be  the  duty  of  the  Board  of  Com-  j 
missioners    and    the    City     Attorncry     to 
bring    suit     to     enforce     this     provision  \ 
against  any  person,  firm  or  corporation 
violating  the  terms  thereof,  for  the  pur- 
pose  of  ejecting  the   offender   from   the 
occupancy  of  such  property,  and  to  re- 
cover damages  for  the  illegal  use  there- 
of. 

Sec.  2.  Tlie  Board  of  Commissioners 
shall  have  power,  by  ordinance,  to  pro- 
vide for  and  construct  a  genejal  sewer 
and  drainage  system,  to  be  divided  into 
public  and  private  sewers,  and  drains, 
and  to  be  constructed,  maintained  and 
regulated  in  such  manner  and  out  01 
such  material  as  the  Board  of  Commis- 
sioners may  prescribe.  Sewers  may  be 
established  as  the  Board  of  Commis- 
sioners may  direct,  and  there  may  be 
extension  of  branches  of  sewers  already 
constiucted  or  entirely  new  throughout 
as  may  be  deemed  expedient.  The 
Board  of  Commissioners  may,  if  neces- 
sary, levy  a  tax  on  all  taxable  prop- 
erty in  the  entire  city,  to  pay  for  the 
construction  and  repairs  of  such  public 
sewers  which  shall  be  called  a  "special 
sewer  tax,"  and  shall  be  used  solely 
for  such  purpose.  No  public  sewer 
shall  be  run  diagonally  through  private 
property  when  it  is  practicable,  without 
injury  to  said  sewer  to  construct  it 
parallel  with  one  of  the  exterior  lines 
of  such  property.  No  public  sewer  shall 
be  constructed  through  private  property 
when  it  is  practicable  to  construct  it 
along  or  through  a  street  or  public 
highway. 

Sec.  3.  The  Board  of  Commissioners 
shall  have  the  power  to  appropriate  pri- 
vate property  for  public  purposes, 
Miienever  the  Board  of  Commissioners 
of  said  city  shall  deem  it  necessary  to 
take  any  private  property  either  within 
or  without  the  city  limits  for  any  of 
the   following  purposes,  to-wit: 

In  order  to  open,  extend,  change  or 
widen  any  public  street,  avenue  or  al- 
ley,  or   for   the    constrnotion     of    water 


mains  or  sewers,  either  within  or  with- 
out the  city  limits,  or  for  the  improve- 
ment and  enlargement  of  its  water 
works,  including  riparian  rights,  water 
sheds,  /reservoirs,  etc.,  parks,  squares, 
and  pleasure  grounds,  or  for  the 
straightening  or  improving  of  the  chan- 
nel of  any  stream,  branch  or  drain  such 
property  may  be  taken  for  such  pur- 
poses by  making  just  compensation  to 
the  owner  thereof.  If  the  amount  of 
such  compensation  shall  not  be  agreed 
upon,  it  shall  be  the  duty  of  the  Board 
of  Commissioners  to  cause  to  be  stated 
in  writing  the  real  estate  or  property 
sought  to  be  taken,  the  name  of  the 
owners  hereof,  and  his  residence  if 
knoAvn,  and  the  purpose  for  which  said 
property  is  sought  to  be  taken,  and  file 
such  statement  with  the  judge  of  the 
district  court  of  "Rogers  County,  l^pon 
the  filing  of  such  statement,  it  shall  be 
the  duty  of  such  judge,  in  term  time 
or  vacation,  to  appoint  three  disinter- 
ested freeholders  and  qualified  voters  of 
the  City  of  Collinsville  as  special  com- 
missioners to  assess  the  damages  to 
accrue  to  the  owners  by  reason  of  such 
condemnation.  The  special  commission- 
ers so  appointed,  shall,  in  their  pro- 
ceedings, be  governed  and  controlled  by 
the  State  laws  in  force  in  reference  to 
the  condemnation  or  right  of  way  for 
railroad  companies,  and  the  assessment 
of  damages  therefor,  the  City  of  Col- 
linsville occupying  the  position  of  the 
railroad  company.  In  estimating  the 
damages  to  such  property  the  jury  shall 
not  only  estimate  the  value  of  the  land 
so  taken  but  shall  also  estimate  the 
damage  done  to  the  remainder  of  any 
land  from  which  it  is  taken  by  reason 
of  such  taking  and  use:  Provided,  how- 
ever, that  in  case  of  the  condemnation 
of  land  for  the  opening,  extending  or 
widening  of  any  street,  or  for  straight- 
ening or  improving  the  channel  of  any 
stream,  branch  or  drain  within  the  cor- 
porate limits  of  said  city,  the  Board  of 
Commissioners  may,  by  ordinance,  pro- 
vide   til  at     the     on^i     of     such    property 


46 


rshull  be  paid  by  tho  property  owners 
owning  property  in  tlie  immediate  vicin- 
ity thereof  and  benefited  thereby.  In 
such  cases  the  City  Engineer,  or  other 
pcison  designated  by  the  Board  of  Com- 
missioners shall,  under  the  (iirection  of 
llie  special  commissioners  appointed, 
make  a  plat  of  the  property  which  in 
ilic  judgment  of  said  special  commis- 
sioners will  be  specifically  benefited  and 
enhanced  in  value  by  the  making  of 
such  improvement,  whereupon  such 
special  commissioners  shall  issue  notice 
to  the  owners  of  such  property  to  ap- 
pear before  them  at  a  time  and  place 
to  be  designated  in  such  notices  to 
siiow  cause,  if  any  they  have,  why 
-  ueh  property  should  not  be  assessed 
lo  pay  the  cost  of  the  property 
^o  condemned.  Such  notices  may  be 
served  by  any  police  officer  in  the  City 
of  CoUinsville,  or  any  other  officer  of 
the  State  of  Oklahoma.  County  of  Rog- 
ers, authorized  by  the  laws  of  said 
Shite  to  serve  process  of  the  courts  of 
>aid  State;  and  in  all  cases,  where  such 
cv,  ner  or  owners,  or  any  of  them,  are 
absent  from  said  city  and  county,  upon 
the  agent  of  such  absent  owner,  if  such 
owner  shall  have  an  agent  in  said  city 
or  county,  and  in  case  such  absenit  own- 
er shall  not  have  such  agent,  or  in  case 
the  owner  of  such  property  is  unknown, 
ilien  sueh  notice  shall  be  published  for 
two  days  consecutively  in  some  daily 
newspaper  or  once  in  a  weekly  news- 
paper, published  in  the  City  of  CoUins- 
ville; such  notice  shall  be  given  five 
full  days  before  the  final  determination 
by  the  special  commissioners  of  the 
amount  of  assessment  against  the  own- 
ers of  such  property  for  such  improve- 
ment ;  said  special  commissioners  shall 
determine  the  value  of  the  property 
deired  to  be  taken,  belonging  to  the 
different  owners  thereof,  if  there  be 
more  than  one  such  owner,  and  if  there 
be  only  one  such  owner,  the  va4ue 
of  the  same,  and  shall  also  find  how 
muah  of  the  cost  thereof  shall  be  as- 
sessed against  the  OAvner  of  each   lot  or 


subdivision  of  the  land  in  the  immedi- 
ate vicinity  thereof  specially  benefited 
and  enhanced  in  value  by  the  making 
of  such  improvement,  and  shall  report 
all  said  matters  to  the  Board  of  Com- 
missioners of  the  City  of  Co^linsville, 
showing  a  description  of  the  property 
taken  and  condemned  and  the  name  of 
the  owner  thereof,  if  known,  and  if  the 
owner  of  any  such  property  is  unknown, 
shall  state  said  fact,  ot  if  there  be 
more  than  one  owner  of  such  property, 
then  the  description  of  the  property  of 
each  said  owner,  if  known,  and  if  un- 
known, shall  state  such  fact  and  the 
value  of  the  property  of  each  such  own- 
er so  condemned,  and  also  the  descrip- 
tion and  name  of  the  owner  of  each 
subdivision  of  property  if  known,  and. 
if  unknown,  shall  so  state,  describing 
such  property  so  as  to  identify  it  against 
which  special  assessment  should  in  the 
judgment  of  said  board,  be  made  to  pay 
for  such  property  condemned,  such  ap- 
portionment shall  be  made  according  to 
the  benefits  that  will,  in  the  judgment 
of  said  special  commissioners,  be  re- 
ceived by  or  accrue  to  such  lot  or  sub- 
division of  property  by  reason  of  the 
:naking  of  such  improvements,  and  such 
report  shall  be  filed  with  the  Business 
Manager  for  the  consideration  of  the 
Board  of  Commissioners.  The  Board  of 
Commissioners  shall,  as  soon  as  practi- 
cable after  the  filing  of  such  report,  con- 
sider the  same,  and  if  the  same  is  ap- 
proved by  a  majority  vote  of  the  mem- 
bers present  at  the  meeting  at  which  it 
considers  the  same,  the  same  shall  be 
final  and  binding  upon  the  city  and  all 
parties  at  interest  therein.  If  the  Board 
of  Commissioners  shall  approve  said  re- 
port, it  shall  levy  a  special  tax  against 
the  property  shown  by  said  report  to 
be  benefited  and  enhanced  in  value  by 
such  improvement,  accordini?  to  the  rec- 
ommendation made  in  such  report;  such 
taxes  shall  be  a  lien  on  the  property 
against  which  the  same  shall  be  as- 
sessed, from  the  date  of  such  levy,  and 
shall  become   due^and  delinquent   at  the 


47 


fiinrs  providod  in  tho  ordinance  levying 
Uw  same.  If  tlie  same  shall  not  bo  paid 
as  provided  in  such  ordinance,  the 
Board  of  Commissioners  shall  proceed 
to  collect  same,  as  provided  in  the  ordi- 
nance, levying  same  by  the  advertise- 
ment and  sale  as  provided  in  the  city 
charter  in  cases  of  the  sale  of  such 
property  for  delinquent  ad  valorem 
taxes:  Provided,  that  it  shall  not  be 
necessary  to  make  such  sales  at  the 
same  time  as  provided  for  in  the  sale 
of  property  for  delinquent  ad  valorem 
taxes.  The  special  commissioners  ap- 
pointed under  the  provisions  of  this 
section  s^hall  have  the  same  power  to 
issue  writs  and  subpoenas  and  com- 
pel the  attendance  of  witnesses,  etc.,  as 
commissioners  appointed  for  the  con- 
demnation of  land,  etc.,  for  the  right  of 
way  of  railroads  under  the  general  laws 
of  the  State  of  Oklahoma ;  shall  receive 
the  same  compensation  for  their  ser- 
vices and  shall  be  governed  in  all  re- 
spects not  herein  otherwise  provided  by 
general  laws  in  all  matters  relating  to 
their  procedure.  The  compensation  for 
the  land  and  property  taken  or  damaged 
under  the  provisions  of  this  section 
shall  be  paid  to  the  owner  of  such  prop- 
erty so  taken  or  damaged,  or  secured 
by  a  deposit  set  apart  in  money  in 
the  hands  of  the  City  Treasurer,  subject 
to  the  order  of  such  owner,  before  such 
property  is  taken  or  damaged:  Provid- 
ed, the  city  may  make  such  payment 
out  of  the  general  fund,  if  the  Board 
of  Commissioners  shall  deem  it  advis- 
able, and  when  the  amounts  assessed 
against  the  property  specially  benefited 
as  is  herein  provided  are  collected,  may 
repay  to  the  said  general  fund  the 
amount  so  advanced,  and  such  payment 
shall  not  be  a  waiver  of  the  city's  rights 
to  make  such  collection. 

Sec.  4.  The  Board  of  Commissioners 
shall  have  power  to  cause  telegraph, 
telephone  and  electric  light  companies 
to  change  the  location  of  their  poles; 
also  to  cause  all  erected  poles  not  in  use 
to  be  taken  down  and  removed.    If  such 


companies  shall  fail  to  do  such  things 
after  being  notified  the  city  may  have 
the  same  done  at  the  expense  of  such; 
companies.  The  Board  of  Commission- i 
ers  shall  also  have  the  power  to  require  j 
telegraph,  telephone  companies  and  elec-  I 
trie  light  companies  to  run  their  wires  * 
under  the  ground,  if,  in  the  wisdom  of  ^ 
the  board,  public  interest  should  so  de-  ^ 
mand. 

Sec.  5.  Any  person,  firm  or  corpora-^ 
tion  holding  any  franchise  heretofore  or- 
hereafter  granted  by  the  city,  author-; 
izing  the  use  or  occupation  for  any  pur- • 
pose  of  any  street,  avenue  or  alley  inj 
the  city,  or  any  portion  thereof,  and- 
requiring  or  binding  the  person,  firm  i 
or  corporation  holding  such  franchise  to  ' 
keep  any  portion  of  such  street,  avenuei 
or  alley  so  used  or  occupied,  or  the  i 
pavement  thereof  in  repair,  or  to  main-:: 
tain  the  same  in  condition  for  public  • 
travel;  or  any  person,  firm  or  corpora-^ 
tion  who,  under  any  contract  heretofore  j 
or  hereafter  made  with  the  city  for  the^ 
construction,  reconstruction  or  repair  of ; 
the  pavement  or  other  improvement  of  ^ 
any  avenue,  street,  or  alley,  or  any  por-  ; 
tion  thereof,  shall  be  or  is  bound  tol 
keep  the  same  in  repair  or  in  good  con-  ; 
dition  for  public  travel,  or  to  do  or  toj 
perform  any  duty  relating  to  the  main-  • 
tenance  or  repair  of  such  pavement  ot\ 
other  improvement,  for  any  term  of  ] 
years  mentioned  in  such  contract,  who| 
shall  be  served  with  a  written  notice! 
signed  by  any  owner  or  owners  of  prop:] 
erty  abutting  such  street,  avenue  or; 
alley,  or  such  portion  thereof,  such  no-j 
tice  to  be  served  by  delivering  in  person; 
or  by  mailing  same  by  registered  maili 
to  such  person,  firm  or  corporation,  or< 
any  officer  or  agent  thereof,  at  the  post-  ] 
office  address  of  his  residence,  and  who| 
shall  fail  or  refuse  to  repair  or  place  J 
in  condition  for  travel  according  to  the, 
terms  or  requirements  of  such  franchisei 
or  contract,  the  portion  of  such  avenue,  i 
street  or  alley  mentioned  in  such  noticfti 
which  such  person,  firm  or  corporation  is* 
bound    to    repair    or     maintain,     within  i 


48 


1  iiiety  days  aftor  date;  of  the  ser- 
•  !i;^  of  auch  notice,  shall  forfeit  to  the 
city  the  sum  of  fifty  dollars  for  each 
day  after  the  expiration  of  said  ninety 

r  days  until  said  avenue,  street  or  alley 
or  portion  thereof  mentioned  in  said  no- 
tice, and  which  such  person,  firm  or  cor- 
'  "'ntion  is  bound  to  repair  or  -maintain, 
repaired  and  put  in  good  condition  for 
public  travel,  as  required  by  the  terms 
of  such  franchise  or  contract,  or  until 
the  requiremenfs  and  terms  of  such  con- 
tract are  complied  with,  such  sum  or 
sums  to  be  recoverable  at  the  suit  of  the 

t    city  or  at  the  suit  of  any  owner  of  prop- 
ty  abutting  on  said  avenue,  street  or 
I*  y,  or  portion   thereof,  to  the  use  of 
I  lit-  city,  in  any  court  of  competent  jur- 
isdiction.     The    penalty    herein    provided 
shall  he  in  addition  to  and  cumulative  of 

-.  any  other  penalty,  condition  or  require- 
m,  lit  contained  in  such  franchise  ok  con- 
tract. In  any  suit  brought  under  this 
Kcction  any  judgment  therein  recovered 
!iiay  be  made  a  lien  upon  any  sum  held 

,^  by    or    deposited    with    the    city,    or    in 

^    trust,    to   guarantee    or    secure    the    per- 

(  formance  of  the  conditions  of  any  such 
franchise   or  contract. 

Sec.  6.  Whenever  any  franchise  .to 
any  person,  firm  or  corporation  has 
heretofore  been  made,  or  shall  hereafter 
be  made  or  granted  by  the  Board  of 
Commissioners  for  the  use  of  any  street 
of  the  city  for  the  purpose  or  for  the 
pxercise  of  any  public  privilege  or  ad- 
vantage,   and    the    said    grant    has    been 

<  or  shall  hereafter  be  made  upon  any 
conditions  named  in  said  grant  or 
things  to  be  performed  by  the  said 
grantee,  and  such  grant  shall  contain 
no  condition  of  forfeiture,  yet  the  breach 
of  any  condition  so  named  in  any  such 
grant,  or  anj^  failure  on  the  part  of  said 
grantee  to  promptly  pay  any  tax  what- 
ever assessed  by  the  city,  shall  be  or 
cause  a  forfeiture  of  the  said  franchise 
or  privilege  so  granted,  as  if  expressly 
stipulated  for  therein,  and  whenever  any 
uich  grant  has  been  or  shall  hereatter 
t)f'    made    in    consideration    of    the    pay- 


ment of  any  bonus,  the  said  payment 
shall  be  secured  by  a  prior  lien  on  all 
property  of  said  grantee,  within  the  city, 
whether  expressly  stipulated  for  or  not, 
and  any  failure  to  properly  pay  such 
bonus  according  to  the  terms  of  the 
grant,  or  any  failure  to  pay  any  tax 
of  any  kind,  shall  be  a  cause  of  for- 
feiture of  the  franchise  or  privilege 
granted,  whether  such  forfeiture  bo  ex- 
pressly provided  for  or  not. 
Article   XVI. 

Street   and   Sidewalk  Improvements. 

Section  1.  When  the  Board  of  Com- 
missioners shall  deem  it  necessary  to 
grade,  pave,  macadamize,  gutter,  drain 
or  otherwise  improve  any  street,  ave- 
nue or  alley  or  any  part  thereof,  within 
the  limits  of  the  city  for  which  a  spe- 
cial tax  is  to  be  levied,  as  herein  pro- 
vided, said  board  shall,  by  resolution, 
declare  such  work  or  improvement  nec- 
essary to  be  done,  which  resolution  shall 
be  adopted  by  a  majority  vote  of  the 
board,  and  the  passage  of  such  resolu- 
tion shall  be  conclusive  of  the  public  ne- 
cessity therefor,  and  the  benefit  thereof, 
and  no  notice  of  such  action  by  the 
board  shall  be  requisite  to  its  validity. 
Such  resolution  shall,  in  general  terms, 
set  forth  the  nature  and  extent  of  the 
improvement  or  improvements  to  be 
made,  the  section  or  sections  of  any  pub- 
lic street,  avenue  or  alley  to  be  im- 
proved, the  material  or  materials  with 
which  the  improvements  are  to  be  con- 
structed and  the  method  or  methods  un- 
der which  the  costs  of  such  improve- 
ments are  to  be  paid.  Such  resolution 
may  specify  that  such  improvements 
may,  at  the  election  of  the  board  be 
constructed  from  different  material  and 
may  specify  different  or  alternative 
methods  of  making  such  improvements, 
nnd  providing  for  the  payment  of  the 
costs  thereof.  Upon  the  passage  of  such 
resolution  it  shall  be  the  duty  of  the 
City  Engineer  or  other  person  desig- 
nated by  iAie  Board  of  Commissioners 
to  forthwith  prepare  specifications  for 
such    improvement,    which    specifications 


49 


shall  embrace  the  different  materials  or 
different  plans  or  methods,  under  which 
said    improvements   or   part   thereof   are 
to  be  constructed  or  paid  for,  if  such  dif- 
ferent materials  or  alternative  plans  or 
methods  of  construction  or  payment  are 
specified    in    such    resolution;    and    such 
specifications     shall     also     describe     the 
character  of  bond  or  bonds  required  of 
the   successful    bidder   for   the   construc- 
tion of  such  improvement  and  the  main- 
tenance   thereafter,    as    herein    provided. 
When  such  specifications  have  been  pre-  j 
pared    they    shall    be    submitted    to    the  i 
Board  of  Commissioners  for  its  approval. ! 
The   board   shall   have   power  to   require  j 
of  the  contractor  or  contractors  to  whom ; 
the    work   may    be   let,   a   bond    for   the ; 
faithful  performance  of  the  contract  and  ' 
the    maintenance    of   the   work    in    good 
condition   at  the   cost  of  the  contractor  ' 
for  a  term  not  less  than  five  years  from 
the    completion     thereof,     and     for     the  i 
maintenance   thereof   by   the   contractor. 
The    bonds    required    by    the    Board    of 
Commissioners    to    be    executed    by    the 
contractor    shall    be    executed    by    such 
contractors   to   whom  the  work   may   be 
let   together   with   one   corporate   surety ' 
acceptable  to  said  board  which  shall  be  I 
a  surety  company  authorized  to  do  busi- 1 
ness  within  the  State  of  Oklahoma.  I 

Sec.  2.  The  Board  of  Commissioners 
shall  have  power  to  cause  sidewalks, 
curbs  and  gutters  to  be  constructed,  re- 
constructed or  repaired  under  and  by 
virtue  of  the  terms  of  this  article  and 
the  various  subdivisions  thereof,  either 
separate  or  together  with  other  im- 
provements: Provided,  that  the  cost  of 
constructing,  reconstructing  or  repair- 
ing sidewalks  shall  be  borne  entirely  by  | 
the  owners  of  property  abutting  upon 
said  sidewalks ;  and  ,  provided  further,  I 
that  the  right  of  the  board  to  order  the  | 
construction,  reconstruction  or  repairing 
of  such  sidewalks,  curbs  and  gutters 
shall  be  exclusive  of,  and  in  addition  to 
the  powers  in  this  charter  conferred  up- 
on tlie  Board  of  Commissioners  to  order 
such    improvements. 


Sec.  3.  The  Board  of  Commissioners 
is  hereby  empowered  to  establish  and 
change  the  grade  of  all  streets,  ave- 
nues, alleys,  or  other  public  places  in 
the  city,  or  part  or  section  thereof, 
whenever  in  their  judgment,  the  public 
convenience  may  require  such  change  of 
grade:  Provided,  that  no  material 
change  of  the  permanent  established 
grade  shall  be  made  without  making 
due  compensation  to  the  owners  of 
abutting  property  having  'permanent  im- 
provements erected  thereon,  with  refer- 
ence to  the  previous  legally  established 
grade,  and  the  Board  of  Commissioners 
shall  prescribe,  by  ordinance,  the  method 
of  ascertaining  the  compensation  due  to 
any  such  property  owner  whose  prop- 
erty is  affected  by  such  material  change 
of  street  grade,  and  the  city  shall  pay 
to  such  owner  such  compensation  so  as- 
certained. 

Sec.  4.  The  costs  of  grading,  paving, 
curbing  and  guttering  any  street,  ave- 
nue or  alley  may  be  paid  in  part  by 
the  city  or  in  part  by  the  owners  of 
property  benefited  by  such  improve- 
ment and  abutting  upon  the  property, 
street  or  alley  or  portion  thereof  order- 
ed to  be  improved,  and  any  resolution 
or  ordinance  passed  and  adopted  by  the 
Board  of  Commissioners  declaring  the 
necessity  for  such  construction  shall  pro- 
vide what  proportionate  part,  if  any,  of 
the  costs  of  such  improvement  shall  be 
paid  by  the  city,  and  the  proportion  of 
the  costs  that  shall  be  borne  by  the  own- 
ers of  property  abutting  on  such  street, 
or  alley  or  part  of  street  or  alley  so 
ordered  to  be  made:  Provided,  that 
when  any  person,  firm  or  corporation 
owns  any  railroad  or  street  railroad  or 
railroad  switch  of  any  kind  on  such 
street  or  alley  or  portion  thereof  ordered 
to  be  improved,  such  person,  firm  or  cor- 
poration shall  pay  the  whole  costs  of 
such  improvement  between  the  rails  and 
tracks,  and  for  two  feet  on  each  side 
of  the  rails  of  such  railroad  or  street 
railroad,  and  the  city  and  abutting 
property  owners   .slinll   bo  reliovod   of  the 


50 


part  of  the  costs  to  bo  paid  by  such  street,  avenue  or  alley  is  ordered  graded, 
road.  The  proratOj  share  of  the  cost !  paved,  curbed  or  guttered  as  herein  pro- 
of such  improvement  payable  under  the  \  vided  any  person,  firm  or  corporation 
terms  hereof  by  any  railroad  or  street  |  having  right  of  way  or  operating  a  rail- 
railroad  or  the  owners  thereof,  together  i  road  intersecting  or  crossing  such  street, 
with  all  costs  of  collecting  the  same,  avenue  or  alley  so  ordered  improved, 
shall  be  a  special  tax  against,  and  se-  •  shall  bear  the  entire  expense  of  grad- 
cured  by  a  lien  upon  the  roadbed,  ties,  |  ing,  paving,  curbing  and  guttering  and 
rails,  fixtures,  rights  and  franchises  of  i  laying  sidewalks  over  and  across  their 
such  railroad  or  street  railroad  and  the  j  tracks  and  right  of  way  for  the  full 
owners  thereof,  and  whenever  a  con- }  width  of  such  right  of  way. 
tract  shall  be  let  for  any  such  improve-  i  Sec.  5,  When  specifications  have  been 
ment  the  Board  of  Commissioners  shall  adopted  by  the  Board  of  Commissioners 
levy  a  special  tax  upon  the  railroad,  i  for  contemplated  improvements,  provid- 
ties,  rails,  fixtures,  rights  and  fran- 1  ed  for  by  the  city  charter,  it  shall  be 
chises  of  such  railroad  or  street  rail-  the  duty  of  the  Business  Manager  to  at 
road,  for  the  pro  rata  share  due  from  |  once  advertise  for  sealed  bids  for  the 
such  road,  for  improvement  between )  construction  of  such  improvements,  in 
their  tracks  and  rails  and  two  feet  on  |  accordance  with  the  specifications  adopt- 
each  side  thereof.  Said  tax  shall  be !  ed  therefor.  Such  advertisement  shall 
levied  at  or  after  the  time  such  contract  ]  be  inserted  not  less  than  two  consecu- 
is  let  or  executed  and  shall  become  due ;  tive  times  in  a  newspaper  of  general  cir- 
and  delinquent  as  the  ordinance  levying  culation  in  the  City  of  Collinsville  and 
the  same  may  specify,  and  shall  be  a '  shall  state  the  time  within  which  bids 
lien  from  the  time  of  levying  and  the '.  may  be  received  as  pre&cribed  by  the 
proceeds  thereof  shall  be  used  for  the ;  board,  vi'hich  shall  be  not  less  than  ten 
payment  of  the  costs  of  such  improve-  days  nor  more  than  thirty  days  from 
ment.  If  said  taxes  be  not  paid  as  pro-  the  first  insertion  of  said  advertisement, 
vided  for  by  ordinance,  then  collection  Bids  shall  be  filed  with  the  Business 
shall  be  enforced  as  the  collection  of  Manager  or  such  other  officer  as  the 
other  taxes  by  advertisement  and  sale ,  board  shall  designate  and  shall  be  open- 
of  the  property,  rights  and  franchises  ed  and  read  in  public  meeting  of  the 
levied  upon:  Provided,  it  shall  not  be  Board  of  Commissioners.  The  board 
necessary  to  sell  at  the  same  time  as  shall  have  the  right  to  accept  such  bids 
for  delinquent  ad  valorem  taxes.  At  as  it  shall  deem  most  advantageous  to 
any  such  sale  the  City  Tax  Collector  or  the  city  and  the  owners  of  the  property 
such  other  officer  as  shall  be  designated  abutting  on  the  public  street  or  "alley 
by  the  board  shall  execute  to  the  pur-  named,  to  be  improved,  or  may  reject 
chaser  a  deed  similar  to  the  one  exe-  any  and  all  bids;  and  where  any  im^ 
cuted  when  the  property  is  sold  for  ad  pjovt ment  is  ordered  on  different  speci- 
valorem  taxes.  Such  assessment  and  fications,  and  for  the  construction  of 
lien  may  also  be  enforced  by  suit  worK  or  part  thereof,  with  different  ma- 
brought  in  any  court  having  jurisdiction  terial,  and  under  different  plans  or 
thereof.  The  lien  provided  for  shall  be  a  methods  of  construction,  or  payment  for 
first  and  prior  lien  paramount  to  all  en-  such  improvements,  the  board  shall  have 
cumbrances  except  taxes,  upon  the  full  power  after  openin]g  bids,  to  select 
roadbed,  ties,  rails,  fixtures,  rights  and  such  methods,  plans  or  materials  for 
franchises  of  the  person,  firm  or  corpo-  making  such  improvements  or  any  part 
ration  or  company  owning  the  railroad  thereof,  as  it  may  deem  best  and  to  let 
or   street    railroad    aforesaid.  the  work  to  such  bidder  and  upon  such 

Povid<>d,      further,      that      when      any    hid    as    it    may    select,    subject    to    the 


51 


terms  thereof.    No  bid  shall  bo  amended,   such   ccJsts   assessed   against   the   owners  ■ 

rt!vised  or  changed  after  being  filed.     All   of  such  property  and  in  apportioning  the  ^ 
bids  shall  be  accompanied  by  a  certified   costs  of  such  improvement  against  abut- 

check   fo   five    per  cent,   of   the   amount   ting  property  owner,  each  quarter  block  \ 

of  such  bid  as  a  forfeit,  in  case  of  fail-    shall  be  charged  with  its  due  proportion  ^ 

ure  of  the  bidder  or  bidders,  if  success-    of  paving,  both  the  front  and  side  streets  \ 

ful  in  securing  the  work  did  for,  to  enter   on    such   block,   and   the   alley   or   alleys  "^ 

into  a  contract  and  bond  as  required  by   therein,   together   w.th   the   area   formed  " 

this  charter,  for  the  performance  of  such   by    street    intersection    and    alley    cross-  i 

work.     When    bids     for     such     improve-    ijig,    which     cost     shall     be     apportioned  I 

ments  have  been  accepted  by  the  board   among  the  lots  or  'subdivisions   of   such  j 

the  city   shall   enter   into   contract   with   quarter  blocks,  according  to  the  benefit  ^ 

the  contractor  or  contractors,   to   whom   to  each  lot  or  parcel.     If  any  portion  of  ■ 

the  work  has  been  let,  for  the  perform-   the  abutting  property  shall  not  be  plat-  ^, 

ance    thereof,    which    contract    shall   be   ted    into    lots    or    blocks    the    Board    of  ;• 

executed  in  the  name  of  the  chairman  of   Commissioners  shall  include  such  ground  '; 

the  Board  of  Commissioners  of  the  city^   in'  proper  quarter  block  districts,  for  the  ■\ 

and    attested    by    one    member    of    the   purpose  of  appraisement  and  assessment  !! 

Board  of  Commissioners,  with  the  corpo-    as  heroin  provided.     Provided  that  in  no  ^ 

rate  seal.     The  contractor  or  contractors    event     shall     such     costs     be     assessed  \ 

to  whom  such  work  has  been   let,  shall    against   such   owners   or  their   property,  J 

execute   bond   or   bonds   as    may   be   re-   or  liability  therefor,  finally  determined,  >i 

quired  by   the    Board   of   Commissioners   until   after   the   hearing  herein   provided  '[ 

and  as  herein   provided.     Said  bonds  or   for  and  after  the  adjustment  of  equities  \ 

bonds   to   be    approved   by   the   board   is   between  such  owners;  and  provided,  fur-  .. 

satisfactory,  ther,  that  the  costs  assessed  against  any  .; 

Sec.   6.     After  excluding  the   costs   of    property   shall  be   in    proportion   to   the  } 

making  any  improvements  between   and ,  frontage  of  the  property  of  each  owner  \ 

two  feet  on  each  side  of  the  track  and   to    the    whole    frontage    of    property    in  •; 

rails  of  railroad  or  street  railroads,  and   such  quarter  block  so  ordered  to  be  im-  \ 

the   entire   cost     of    any     improvements   proved.  Provided,  that  if  the  application  ;' 

crossing  the   right   of   way   of   any   rail-    of    this    rule    would,    in    the    opinion    of  j 

road,    which   costs    are    to    be    assessed   the    board,    in    particular    cases,    be    un-  ' 

against,  and  wholly  paid  by  the  owners   just  or  unequal  it  shall  be  the  duty  of  ' 

of    such    railroads,    as     herein     provided,   the  board  to  assess  and  apportion   said  '■ 

and    subject    to  the    terms    hereof,    the   costs  in  such  proportion  as  it  may  deem  ; 

City  of  Collinsville  acting  by  its  Board :  just   and   equitable,   having   in   view   the  i 

of   Commissioners,   shall   have   power   to   special  benefits  in  enhanced  value  to  be  • 

assess   the   whole   costs   of   construction, ,  received  by  each  owner  of  such  property,  '] 

reconstruction  and    repairing    any    side-  i  and  the  equities  of  such  owners  and  the  J 

walks,    curbing,    guttering    and     paving' adjustment    of    such    apportionment,    so  * 

any  street,  avenue    or  alley,  or  making   as  to  produce  a  substantial  equality  of  ■ 

any   other   improvements   ordered   under ;  benefits    received    by,    and    burdens    im-  i 

the  terms  hereof,  against  the  owners  of ,  postnl  upon  each  owner.    The  board  shall  ; 

property  abutting  upon  the  street,  ave-  [  also  have  power  to  provide  that  the  pro-  : 

nue  or  alley  or  part  or  section   thereof  j  portion  of  the  said  costs  which  may  be  ■i 

upon  which  such  improvements  are  to  be   assessed    against    the    said    owners    and  J 

constructed,  and  who  are  specially  bene-  \  their   property   shall   bear   interest  at   a  ; 

fited  thereby,  and  shall  have  the  power .  definite    rate,   not    to    exceed  -  seven    per  \ 

to   fix   a   lien   against   such    property   to   cent,    per    annum,    when    the    payment  j 

secure    the    payment    of    the    portion    of   thereof   is   deferred,   and   shall   have   the  -; 

52  \ 


power  to  ineliido  in  any  assessment 
which  may  be  made  against  sueli  owners 
and  their  property,  reasonable  costs  of 
collection,  where  such  costs  are  incurred, 
and  reasonable  attoiney's  fees,  where 
attorney's  fees  are  incurred. 

Sec.  7.  The  contract  or  contracts  for 
such  improvements  and  the  bond  or 
bonds  having  been  executed  and  ap- 
proved by  the  board  it  shall  be  the  duty 
of  the  City  Engineer,  or  other  person 
desigjiated  by  the  Board  of  Commis- 
sioners to  at  once  prepare  a  written 
lement  which  shall  contain  the 
■IKS  of  such  persons,  firms  or  corpo- 
:;ons  or  estates  that  may  own  prop- 
cMv  abutting  upon  the  section  or  sec- 
tions of  the  street,  avenue  or  alleys 
named,  to  be  improved,  the  number  of 
front  feet  owned  by  each,  and  describ- 
ing the  property  owned  by  each  by 
block  or  lot,  number  or  otherwise,  so 
describing  such  property  as  to  identify 
lii'  same;  and,  such  statement  shall 
also  contain  as  estimate  of  the  total 
costs  of  such  improvement,  the  propor- 
tion and  amount  of  such  costs  to  ^e 
:-  'ssed  against  abutting  property  the 
:i!!!ount  per  front  foot  to  l)e  assessed 
.  •;iinst  abutting  property,  and  the  total 
estimated  amount  of  be  assessed  against 
each  owner.  Such  statement  shall  be 
submitted  to  the  board  which  shall  ex- 
amine the  same  and  correct  any  errors 
which  may  appear  therein;  but  no  error, 
omission  or  mistake  in  such  statement 
shall  in  any  manner  invalidate  any  as- 
sessment njade,  or  lien  or  claim  fixed 
Wiereunder.  When  such  statement  has 
been  examined  and  approved  by  the 
board  and  it  shall  have  determined  to 
assess  the  costs  of  such  improvements 
against  such  property,  it  shall  so  declare 
by  resolution,  directing  notices  thereof 
to  be  given  to  the  owners  aforesaid  by 
publication  for  five  consecutive  days  in 
a  daily  newspaper  or  twice  in  any  other 
paper  of  general  circulation  in  the  City 
of  Collinsville,  and  also  to  mail  to  sucli 
owners  a  copy  of  such  notice  by  regis- 
tered  letter   deposited   in    the   postoffice 


in  the  City  of  Collinsville,  directed  to 
the  address  of  such  owner,  if  known,  or 
if  such  address  be  not  known  then  to 
the  agent  or  attorney  of  such  person, 
if  known,  provided  that  the  registered 
letter  aforesaid  shall  be  deposited  in 
such  postoffice  in  the  City  of  Collins- 
ville within  ten  days  prior  to  the  date 
set  for  the  hearing  hereinafter  provided 
for;  and  provided  further,  that  the 
method  herein  prescribed  for  service  of 
notice  by  registered  letter  shall  be 
merely  cumulative  of  the  service  of  no- 
tice by  publication  above  mentioned; 
and  provided,  that  in  all  cases  where" 
personal  service  by  registered  letter 
shall  not  be  obtained,  said  service  by 
publication  shall,  nevertheless  be  deem- 
ed valid  and  binding.  The  certificate  of 
the  Business  Manager  or  such  other 
officer  as  shall  be  designated  by  the 
board  to  the  effect  that  the  address  of 
such  owner  or  owners  or  their  agent  or 
attwmey  is  unknown*  to  him,-  and  per- 
sonal service  cannot  be  had  upon  Jtliem, 
shall  be  deemed  conclusive  of  such  fact. 
The  notice  aforesaid  shall  state  the 
time  of  the  hearing  hereinafter  provided 
for,  the  general  character  of  the  im- 
provements determined  upon  by  the 
board,  the  street  or  part  thereof  to  be 
improved  and  the  proportionate  part 
and  amount  per  front  foot  of  the  total 
cost  of  the  proposed  imprevement.  which 
it  is  contemplated  shall  be  assessed 
against  the.  property  and  the  owners 
thereof  abutting  upon  such  street  or 
alley  to  be  improved.  On  the  date, 
stated  in  the  notice  aforesaid  or  any 
time  thereafter,  before  any  special  as- 
sessment is  actually  levied,  any  person, 
firm  or  corporation,  interested  in  any 
property  which  is  claimed  to  be  subject 
to  assessment  for  the  purpose  of  paying 
the  cost  of  any  improvement,  in  whole 
or  in  part,  shall  be  entitled  to  a  full 
and  fair  hearing  before  said  board  as 
to  all  matters  affecting  such  property, 
or  the  benefit  thereto,  of  such  improve- 
ments or  any  claim  of  liability  or  objec- 
tion  to  the    making    of    such    improve- 


53 


mtiit>  «>t  iiiiy  invalidity  or  irregularity 
in  any  of  the  proceedings  in  reference 
to  making  such  iuiprovements  or  any 
other  objection  thereto.  Such  person, 
liiin  or  corporation  shall  file  their  ob- 
jections in  writing  and  thereafter  the 
Board  of  Commissioners  shall  hear  and 
determine  the  same,  and  full  opportu- 
nity shall  be  given  to  the  persons,  firms 
or  corporations  filing  such  objections  to 
produce  evidence,  subpoena  witnesses 
and  to  appear  in  person  or  by  attorney 
and  a  full  and  fair  hearing  thereof  shall 
be  given  by  the  said  board,  which  hear- 
ing may  be  adjourned  from  time  to 
time,  without  further  notice  and  the 
Board  of  Commissioners  shall  have  full 
power  to  inquire  into  and  determine  the 
facts  necessary  to  the  adjudication  of 
such  objects  and  the  ascertainment  of 
special  benefits  to  which  such  owners 
by  means  of  such  improvements  and 
shall  make  such  order  in  each  case  as 
may  be  just  and  proper.  Any  objec- 
tions to  the  regularity  of  proceedings 
with  reference  to  the  making  of  such 
improvements  as  herein  provided  or  to 
the  validity  of  any  assessment  against 
said  property  or  the  owners  thereof, 
shall  be  deemed  waived,  unless  presented 
at  the  time  and  in  the  manner  herein 
specified.  The  time  as  s^t  for  such  hear- 
ing shall  be  not  less  than  ten  days  from 
the  time  of  the  first  publication  of  such 
notice.  When  the  hea'ring  above  men- 
tioned has  been  concluded  the  board 
shall,  by  ordinance,  assess  against  the 
Several  owners  of  property,  and  against 
their  property  abutting  upon  the  public 
street  or  alley  or  part  thereof  ordered 
to  be  impoved,  such  proportionate  part 
of  the  costs  of  said  improvement  as  by 
such  board  may  have  been  adjudged 
again.st  -^such  respective  owners  and  their 
property.  Said  ordinance  shall  fix  a  lien 
upon  such  property  for  the  respective 
amount  to  be  assessed,  and  shall  state 
the  time  and  manner  of  payment  of 
such  assessment,  and  said  board  may 
order  that  the  said  assessnu'nt  shall 
b(>    j)nyal)U-    in     inMtallments.    and    pro- 


>  .  >.i     aiiioiim .    t  iiii.       :■<    ..:,,  ...n  ,    ,^ 

■  payment     of     such     installment,     wiiich 
i  however,  except  as  hereinafter  provided, 
!  shall  not  exceed  ten  years,  and  the  pay- 
ments shall  not  be  deferred  beyond  ten 
years   from   the   completion   of   said   im- 
j  provement,    and    its    acceptance    by     the 
j  city.     The  said  ordinance  shall  also  pre- 
I  scrilje  the  rate  of  interest  to  be  charged 
i  upon    deferred   payments,   not   exceeding 
seven  per  cent,  per  annum  and  may  pro- 
vide   for    the    maturity    of    all     deferred 
payments,  and  their  collection,  upon  de- 
fault   in    the    payment    of     any     install- 
ment    of    principal     or     interest.      Each 
property    owner,   his     heirs,    assigns     or 
successors,  however,  shall  have  the  priv- 
I  ilcge   of    discharging   the   whole    amount 
j  assessed  against  him  or  any  installment 
j  thereof,    at    any    time    before    maturity, 
I  upon  payment  thereof  with  accrued  in- 
;  terest.    Upon  the  payment  by  any  prop- 
erty   owner    of    his    assessment    in    full, 
the  city  shall   cause   to  be   executed  by 
its  Business  Manager  and  duly  acknowl- 
edged for  record  a  release  of  the  lion  of 
such  assessment. 

Sec.  8.  When  the  board  shall  .have 
reason  to  believe  that  the  owner  or 
owners  of  any  property  may  successful- 
ly claim  the  same  as  exempt  from  spe- 
cial assessment,  it  may  order  that  the 
improvement  shall  not  be  made  in  front 
of,  or  abutting  on  such  property,  unles."? 
the  owner  or  owners  shall  first  make 
a  satisfactory  provision  for  the  pay-, 
ment  of  the  amount  of  the  cost  which 
would  be  assessed  against  such  prop- 
erty, except  for  such  exemption,  and 
such  contractor  shall  not  be  obliged  to 
make  such  improvement  in  front  of  any 
property  which  is  exempt  from  the  en- 
forcement of  a  lien  for  such  improve- 
ment, but  may  omit  the  construction 
thereof  in  front  of  such  property.  Sub- 
ject to  the  provisions  hereof  the  board 
may,  when  deemed  just  and  proper,  or- 
der improvement  to  be  made  on  only 
one  side  of  the  public  street  or  alley  or 
section  or  portion  thereof,  and  may  as- 
sess   the    cost    of.    or   a    jjortion    IJicrcof. 


54 


.;,iiiist    tilt'   property   and  tlu'   owner  of  sucli   property,  shall   be   borne   and  paid 

property  abutting  on   such  side  of  sncli  by  the  city. 

street    or    alley    or    section    or    portion        Sec,    10.     In     additon     to     the     power 

thereof.  hereby    conferred    upon    the    board,    by 

Sec.   9.     Whenever   any   error   or   mis-  majority  vote,  to  order  the  construction 

,    ,,  .  3.  of  any  street  improvement  or  improve- 

lake    shall    occur     m     anv     proceedings,  ^  "^         ,        ■       ■,   r-      ,         j    ^ 

^  ^  ments   as   herem   defined,   and  to   assess 

provided  for  in  this  charter,  it  shall  be  ^j^^,    ^^^^^    thereof    in    whole    or   in    part 

the    duty    of    the    board    to    correct    the  agf^inst    the    abutting   property;     when- 

ue,  and  whenever  it  shall   have  been  fner    the    OAvners    of    two-thirds    of    the 

liiially  determined  in  any  suit  that  any  f'^"*    ^^^t    «^    property    abutting     upon 

.     ,  ,  ./  any   street,   avenue   or   alley,   or   section 

assessment  against  any   property  or  its        *        ,    ,,  ;?      i    n    •  •^.^  i.- 

*  J    1      1       J  or    part    thereof,    shall    in    writing    peti- 

OA\ner  or  lien  against  such  property  fixed  ^j^^  f^j.  ^^e  improvement  thereof,  and 
or  attempted  to  be  fixed  under  the  terms  shall  in  such  petition  agi*<ee  to  pay 
hereof,  is,,  for  any  reason,  invalid,  un- ;  three-fourths  of  the  cost  of  such  im- 
hiwful,  or  not  enforcibie,  then  it  shall  provements  in  front  of  their  respective 
the  duty  of  the  board  to  at  once  pro-  property  and  of  improving  intersec- 
rd  to  reassess  against  such  property  tions  of  streets  and  alleys,  exclusive  of 
ii  proportion  of  the  costs  of  making  such  cost  as  is  payable  under  the  terms 
ii  improvements  as  ^hall  be  proper,  hereof,  by  railroads  or  street  railroads, 
.  ful  and  just  and  fix  a  lien  against  shall  generally  designate  the  nature  of 
.  uch  property;  and  such  board  shall  the  proposed  improvements,  and  the 
have  power,  and  it  shall  be  its  duty,  said  board  shall  order  the  construction 
by  ordinance  or  resolution,  to  adopt  such  of  such  improvements;  provided,  only, 
rules  and  regulations,  and  to  maker  such  that  before  a  resolution  ordering  the 
orders  as  shall,  in  compliance  with  the  said  improvement  shall  be  passed  by 
law,  provide  for  correcting  such  mis-  the  board  it  shall  be  satisfied  from  the 
takes  and  making  a  valid  reassessment  said  petition  or  other  evidence  as  shall 
against  such  property  and  fix  a  valid  be  submitted  to  it,  that,  exclusive. of 
lien  thereon;  said  board  shall  .have  the  costs  of  said  railroad  or  street  rail- 
power  and  it  shall  be  its  duty  to  adopt  road  at  least  three-fourths  of  the  whole 
such  rules  and  regulations  for  a  hearing  cost  of  said  improvement  can  be  secured 
to  the  owners  of  such  property  before  by  a  valid  assessment  against  property 
such  reassessment  which  may  be  neces-  abutting  upon  the  street,  or  alley,  or 
sary  or  proper,  in  order  to  legally  bind  section,  or  part  thereof,  to  be  improved, 
such  owners  and  their  property,  by  [  ov  will  otherwise  be  satisfactorily  se- 
Huch  reassessment;  and  shall  have  power  Cured.  If  such  petition  shall  specify 
to  adopt  all  other  rules  and  regulations  any  particular  kind  of  material  or  pave- 
w  hieh  may  be  requisite  to  a  valid  reas-  niont  desired,  then  the  work  shall  be 
•essment  of  such  property.  Subject  to  ordered  constructed  with  that  material 
th(^  provisions  of  this  charter  the  cost  of  or  pavement  only,  and  bids  taken  ac- 
any  such  improvement  or  improvements,  cordingly;  provided,  that  in  such  case 
after  deducting  the  proportion  of  such ,  the  petition  may  stipulate  the  maxi- 
eosts  as  may  be  assessed  against  any  mum  cost  per  front  foot,  cubic  or  square 
railroad  or  street  railroad,  and  the  pro-  yard  at  which  the  work-  shall  be  let, 
oition  of  said  costs  which  may  have  and  no  contract  shall  be  let  at  a  greater 
:  n  finally  assessed  against  property  eost  than  is  thus  stipulated.  Where 
abutting  upon  the  street  or  alley  or  sec-  improvements  are  ordered  to  be  made 
1  ion  or  portion  thereof,  ordered  to  be  upon  such  petition  as  provided  for  in 
improve  d    and    against     the     owneis     of    this    section    the    method    of    proc'cditio 

55 


in  reforcnce  thereto,  and  with  reference 
to  assessing  the  cost  thereof  against 
abutting  jiroperty  shall  subject  to  the 
provisions  of  this  section,  be  in  accor- 
dance with  the  terms  and  provisions  of 
this  article.  Where  improvements  are 
to  be  made  upon  such  petition  as  is 
provided  for  in  this  section  the  work 
shall  npt  actually  be  begun  until  thre^ 
fourths  of  the  cost  of  said  improve- 
ment, exclusive  of  the  part  of  tlie  coats 
to  be  paid  by  any  railroad  or  street 
railroad,  shall  have  been  assessed 
against  the  property  abutting  upon  the 
public  street,  avenue  or  alley,  or  sec- 
tion or  part  thereof,  to  be  improved, 
in  the  manner  hereinbefore  provided  in 
this  section;  provided,  however,  that  no 
assessment  shall  be  made,  except  ufter 
the  hearing  hereinbefore  provided,  and 
the  costs  of  such  improvement  shall  be 
apportioned  between  the  various  abut- 
ting property  owners  according  to  the 
frontage  of  their  property  upon  such 
street,  avenue  or  alley,  or  section  or 
part  thereof,  to  be  improved;  provided, 
that  whenever,  after  such  assessment 
tlie  board  shall  be  of  the  opinion  that  an 
assessment  against  any  property  and 
the  lien  thereby "  fixed  can  not  be  en- 
foroed  on  account  of  exemption  of  such 
proj)erty,  the  board  may  direct  that 
uch  improvement  shall  not  be  made  in 
t  ront  of  such  property,  or  may  require 
1  he  owner  of  such  property  to  pay  or 
secure  the  payment  of  the  pro  rata 
.1  mount  of  such  costs  assessed  against 
^uch  property  before  such  improvements 
sliall   be   made   in   front   of   the   same. 

Sec.  11.  When  any  of  the  public  im- 
provements provided  for  in' this  article 
are  ordered  to  be  made,  "ihe  cost,  or 
part  thereof,  which  may  be  assessed 
against  abutting  property  and  against 
railroads  and  street  railroads,  as  herein 
jirovided,  and  such  cost  so  apportioned 
and  assessed  against  the  abutting  prop- 
erty as  provided  for  by  this  charter, 
and  the  lien  as  established  and  fixed 
by  the  Board  of  Commissioners  in  fa- 
vor of  the  contractor  as  herein   provided 


foi-.    such    abutting    property     sliall     be 
held    liable    for    the    p<^yment    of     such 
costs    so    assessed    against    it,    and    the 
city    shall    not    be    responsible    or    liable 
for   any   part  of   such  costs   so  assessed 
and   taxed   against   such   abutting   prop- 
erty,   and    shall    not    be    liable    for    any 
part    or    portion    of    the  costs    of    any 
'  street    improvement,    except    when    the 
:  city,  through  the  board,  shall  have  obli- 
;  g  ited  itself  to  pay  a  part  of  such  costs 
and    provided    in    this   charter;    the   lien 
provided   for   herein   to  be   fixed   by   the 
;  board  against  the  respective  owners,  and 
j  their      property      abutting      upon      any 
•  street,    avenue    or    alley,    or    section    or 
j  part   thereof,   may   be   evidenced  by   as- 
,  signable  certificates  or  tax  bills  against 
i  abutting     property,     railroad     or     street 
;  railroad,     to    be    issued    to    the    contrac- 
I  tor  by  the  City  of  Collinsville,  and  the 
I  board     shall     prescribe     the     form     and 
j  terms    of    such    certificate.      The    recital 
■  in  -«uch    certificates    that    the    proceed- 
ings with  reference  to  making  such   im- 
i  provements   have  been  regularly   had  in 
;  compliance   with   the   terms   hereof,   and 
that   all    prerequisites   to    the    fixing   of 
the    lien    and   cfeim,    evidenced   by    such 
certificate   have    been    performed,    shall 
be    prima    facie    evidence    of     the     facts 
so   recited,   and   no   other   proof   thereof 
shall  be  required,  but  in  all  courts   the 
said  proceedings  and  prerequisites  sliall, 
without   further   proof,  be   presumed   to 
have     been     had     or     performed.      Such 
certificates    shall    be    executed    by    the 
Business   Manager  and   attested  by   one 
member    of    the   Board   of    Commission- 
ers,   or    such    other    officer   as    shall    be 
designated   by  the   board   with   the   cor- 
porate seal.     The  passage  by  the  board 
of  an  ordinance  finally  assessing  against 
any   property   the   cost   or   part   thereof, 
or    in    making    and    fixing    a    lien    upon 
such     property    shall    operate    as    notice 
of    such    assessment,    and    lien    against 
all     creditors     of     the    OAvners     of     such 
property  and  the  purchaser  thereof  and 
the^  lien   thereby   fixed,  without   further 
record  or  proceeding  be  effective  against 


56 


Ill   such   creditors  or  persons. 

See.  12.  The  city  shall  have  power 
t(»  borrow  money  on  its  credit  and  the 
P.ourd  of  Connnissioners  may,  by  ordi- 
nance, authorize  the  issuance  by  the 
city  of  its  negotiable  coupon  bonds  for 
the  j3urpose  of  paying  the  city's  part 
of  any  such  permanent  street  improve- 
ments as  embraced  in  the  terms  of  this 
article.  Such  bonds  to  be  within  the 
limits  of  indebtedness  prescribed  by  the 
constitution  and  this  charter.  Such 
Im^ikIs  shall  bear  interest  at  the  rate  of 
iu*t  more  than  five  per  cent,  per  an- 
num, payabh?  in  semi-annual  install- 
nu'nts,  aiul  the  principal  thereof  shall 
V)('  payable  in  not  more  than  twenty 
\  (  ars  from  their  date.  Such  bonds 
liall  be  authorized  and  executed  in  ac- 
•  ordance  with  the  terms  of  this  char- 
ier with  reference  to  the  Issuance  of 
oilier  bonds;  provided,  that  no  such 
Ijdnd^  shall  be  issued  unless  the  ques- 
i  ion  of  such  issue  shall  first  be  sub- 
mitted to  a  vote  of  the  qualified  tax- 
jaying  voters,  and  the  same  shall  be 
;ip[i  roved  at  such  election  in  accord- 
ance with  the  provisions  of  the  consti- 
tution and  of  this  charter,  and  the 
P>oard  of  Commissioners  shall  provide 
in  any  resolution  or  ordinance  author- 
ing such  bond  issue,  for  the  levying 
"!  an  annual  tax  sufficient  to  meet 
the  accrued  interest,  and  provide  a 
sinking  fund  for  the  payment  and  re- 
tirement of  such  bonds,  and  the  bonds 
jn'ovided  for  in  this  article  shall  be 
sold  by  the  city  for  not  less  than  par. 
Such  bonds  shall  not  be  sold  by  the 
city  until  registered  and  approved  in 
;i.cordance  with  the  requirements  for 
ofher  bond   issues   by   the  city. 

Sec.  13.  .  All  contracts  heretofore  en- 
lered  into  by  the  City  of  Collinsville. 
or  which  may  hereafter  be  entered  in- 
to by  tbe  city,  and  before  the  provis- 
ions of  this  charter  become  effective, 
and  all  ordinances  made  in  relation  to 
such  contracts  shall  be  given  full  force 
and  effect  under  the  laws  and  ordi- 
nances in  force. at  the  date  of  the  mak- 


ing of  such  contracts,  and  such  improve- 
ments    shall     be    carried    forward    and 
completed  in  accordance  with  such  laws 
and    ordinances,    and    that    all    costs    of 
such  improvements  shall  be  assessed  by 
the  Board  of  Commissioners  against  the 
abutting     property     owners     and     other 
persons,    firms,    or     corporations     made 
liable    for    the   payment    of   such   costs 
under   and   in   accordance   with  the  pro- 
visions of  the  laws  and  ordinances  then 
in   force.     The  Board  of  Commissioners 
created   and   authorized   by   this   charter 
are  hereby  authorized  and  directed,  and 
it  is  hereby  made  their  duty  to  do  and 
perform  or  cause  to  be  done  or  perform- 
ed,   all    things    which,   by    such    existing 
laws    and   ordinances    of   such    city,    the 
city   council    of  such   city   and  the   offi- 
cers?  thereof   acting  thereunder  are   now 
authorized  or  permitted  to  do,  in   order 
to   carry   into   effect  the  terms   of   such 
contract,  and  to  assess  the  costs  of  im- 
provements  against   such   property,   and 
to  provide  for  the  collection  of  such  as- 
sessment,  and   to   provide   for   the   issu- 
ance  of   assignable    certificates   therefor 
and   to   do   and   perform    any   other   act 
!  or  thing  which  may  be  necessary  under 
!  the  said  existing  laws  and  ordinances  of 
said    city,    to    give    effect    to    said    con- 
j  tracts    and   to    provide   for   the    enforce- 
ment thereof.     The  fact  that  more  than 
one  parcel  or  lot  of  land,  the  property 
of  the   owner   or  jointly  owned  by   two 
I  or   more   persons,   firms   or   corporations 
!  having    been    assessed    together     in    one 
I  assessment     shall     not     invalidate     the 
j  sa'me,    or    the    lien    thereof.      The    costs 
of     any     such      improvements      assessed 
I  againt   any  property,   together   with   all 
j  costs    and    reasonable    expenses    in    col- 
I  leCting    the    same,    including    reasonable 
I  attorney's   tees   when   incurred,   shall   be 
I  secured   hy  a    lien    upon    such    property 
I  superior    to    all    other    liens,    claims    or 
i  title,     except     city,     county     and     state 
1  taxes,    and    such    lien    may    be    enforced 
either  by   suit   in   any   court   of   compe- 
tent Jurisdiction  or  by  sale  in  the  same 
manner    as    far    as    applicable,    as    sales 


57 


iwv  autliorizod  to  hv  made  by  tho  City 
of  Collinsvillo  for  tho  non-payraont  of 
tnxos;  provided,  that  it  shall  not  be 
necessary  to  sell  at  the  same  time  as 
for  delinquent  ad  valorem  taxes,  and 
the  board  may,  by  resolution,  or  ordi- 
nance, make  such  rules  and  regulations, 
not  inconsistent  with  the  charter,  as  it 
may  deem  necessary  to  provide  for  the 
speedy  collection  of  such  assessment  for 
improvements.  Any  error  or  omission 
in  stdling  property  or  designating  the 
names  of  owners  or  any  other  error  or 
omission  may  be  corrected  at  any  time 
by  the  board  or  at  the  suit  of  any  in- 
terested party.  In  any  suit  brought 
under  the  provisions  of  this  section  it 
shall  be  proper  to  join  as  defendants 
two  or  more  property  owners  who  are 
interested  in  any  single  improvement  or 
any  single  contract  for  such  improve- 
ment. 

Sec.  14.  At  any  time  within  ten  days 
after  hearing,  as  provided  herein,  any 
person  or  persons,  corporation  or  cor- 
porations, having  an  interest  in  any 
real  estate  which  may  be  subject  to 
assessment  under  this  charter,  or  other- 
wise, having  any  financial  interest  in 
such  improvement  or  improvements,  or 
in  the  manner  in  which  the  cost  there- 
of is  to  be  paid,  who  may  desire  to 
contest  on  any  ground  the  validity  of 
any  proceeding  that  may  have  been  had 
with  reference  to  the  making  of  such 
improvements,  or  the  validity  in  whole 
or  in  part,  of  any  assessment  lien  fixed 
by  said  proceedings,  may  institute  suit 
for  that  purpose  in  any  court  of  com- 
petent jurisdiction.  Any  person  or 
persons,  corporation  ^or  corporations, 
who  shall  fail  to  institute  such  suit 
within  a  period  of  ten  days,  or  who 
shall  fail  to  diligently  prosecute  such 
suit  in  good  faith  to  final  judgment, 
shall  be  forever  barred  from  making 
any  such  contest  or  contests,  and  this 
estoppel  shall  bind  their  heirs,  succes- 
sors, administrators  and  assigns.  The 
City  of  Collinsville,  or  the  person  or 
persons  to  whom   the  contract  has  been 


aw,arded  shall  be  made  defendants  in 
such  suit,  and  any  other  proper  partie.-; 
may  be  joined  therein.  There  shall  be 
attached  to  plaintiff's  petition  an  affi- 
davit of  the  truth  of  the  matter  there- 
in alleged,  except  such  matters  as  are 
alleged  on  information  and  belief,  and 
that  such  suit  is  brought  in  good  faith, 
and  not  to  injure  or  delay  the  city  or 
contractor,  or  any  owner  of  real  estate 
abutting  on  the  improvement.  Unless 
the  provisions  of  this  section  are  com- 
plied with  by  plaintiff  or  plaintiffs, 
such  suit  shall  be  dismissed  on  motion 
of  any  defendant,  and  in  that  event 
plaintiff  or  plaintiffs  shall  be  barred 
and  estopped  to  the  same  extent  as  if 
suit  had  not  been  brought.  In  any  case 
where  a  suit  is  brought  as  provided  for 
in  this  section  then  the  performance  of 
the  work  may  be  suspended  at  the  elec- 
tion of  either  the  city  or  the  contrac- 
tors until  such  suit  shall  be  finally  de- 
termined in  the  court  of  original  juris- 
diction or  any  appellate  court  to  which 
the  same  may  be  taken  by  appeal  or 
writ  of  error;  provided,  that  any  ap- 
peal or  writ  or  error  shall  be  perfected 
within  thirty  days  from  the  adjourn- 
ment of  the  terms  of  court  or  original 
jurisdiction  at  which  final  judgment 
was  rendered  in  such  suit,  and  provid- 
ed, that  no  appeal  or  writ  of  error  to 
review  the  judgment  of  such  court,  may 
thereafter  be  taken  or  sued  out  by 
either  party. 

Sec.  15.  The  Board  of  Commissioners 
shall  have  power  in  their  discretion  by 
resolution  passed  by  majority  vote  to 
order  the  construction,  reconstruction 
or  repairing  of  sidewalks  as  herein  pro- 
vided along  pr  upon  an  street,  ave- 
nue, public  place,  alley,  or  square,  or 
part  or  section  thereof,  within  the  city 
or  in  front  of  any  property  abutting 
ujion  the  same.  No  notice  of  the  pas- 
sage of  such  resolution  shall  be  neces- 
sary. Such  resolution  shall  in  general 
terms  describe  the  sidewalks  to  be  con- 
structed, reconstructed  or  repaired,  ma- 
terial   of   which    it    i^^   to  be   constructed, 


58 


<  eojistiiieted  or  icpaii'od,  the  street, 
avenue,  alley,  square  or  place  or  part 
of  section  thereof  along  Avhich  said 
sidewalk  is  to  be  constructed,  recon- 
structed or  repaired.  Upon  the  passage 
of  such  resolution  it  shall  be  the  duty 
of  the  City  Engineer  or  other  person 
designated  by  the  Board  of  Commis- 
sioners, to  forthwith  prepare  and  pre- 
sent to  the  said  board  plans  for  the  said 
sidewalks,  or  repairs  for  same,  detail- 
ing the  nature  of  construction,  recon- 
struction or  repair  thereof,  and -^ the  ma- 
terial or  mateiials  of  wdiich  the  same 
are  to  be  constructed,  reconstructed  or 
repaired.  If  satisfactory  the  board  shall 
approve  the  said  plans  and  the  same 
shall  remain  on  file  in  the  office  of  the 
City  Engineer,  or  other  officer  desig- 
nated by  the  board.  Upon  the  appro- 
val of  the  said  plans  of  the  City  Engi- 
neer, or  other  person  designated,  shall 
al  once  prepare  and  file  with  the  board 
a  statement  containing  the  name  or 
iianiis  of  the  owner  or  owners  of  prop- 
erty abutting  upon  the  street,  avenue, 
alley,  public  place  or  square,  or  part  of 
^'ection  thereof,  where  sidewalks  are  or- 
dered to  be  constructed,  reconstructed, 
or  repaired,  and  a  brief  description  of 
tlie  property  of  each  owner,  which  may 
be  by  lot  or  block  number  or  any  other 
description  which  shall  be  sufficient  fo 
identify  the  same,  together  with  an 
estimate  of  the  cost  of  such  sidewalks 
or  the  repair  of  same  in  front  of  the 
property  of  each  owner,  exclusive  of  the 
cost  of  grading  and  excavating,  l^pon 
the  filing  of  such  statement  it  shall  be 
the  C  ity  of  the  Business  Manager  or 
'  ■  h  other  officer  as  shall  be  designated 
'  .  the  board,  to  publish  in  a  daily  or 
M  kly  newspaper  of  general  circula- 
on  "vvithin  the  City  of  CollinsA'ille,  a 
notice  to  the  owner  or  owners  of  the 
property  in  front  of  which  the  side- 
-\nlk  or  sidew^alks  are  to  be  construct- 
f'd.  reconstructed,  or  repaired,  which  no- 
•  ice  shall  briefly  recite  the  fact  that 
'lev-nlks  have  been  ordered  construct- 
.(1.     •■<  fonstructed.     )r     r<^paired     by    the 


Doard,  and  statinj;  the  street,  avenue, 
alley,  public  place  or  square,  or  section, 
or  part  thereof,  along  which  the  same 
are  ordered  to  be  constructed,  recon- 
structed or  repaired,  and  that  plans 
and  specifications  for  such  work  have 
been  adopted  by  the  board  and  are  on 
file  in  the  office  of  the  City  Engineer 
or  other  officer  designated  and  notify- 
ing the  owners  of  property  abutting 
upon  such  proposed  sidewalk  or  side- 
walks -to  construct,  reconstiTict  or  re- 
pair some,  in  accordance  with  such  res- 
olution and  specification,  within  thirty 
days  of  the  publication  of  such  notice. 
The  board  shall  have  power  to  adopt 
rules  and  regulations  for  giving  addi- 
tional notice  to  the  ovi^ner  or  owners 
of  such  property  in  such  manner  as 
may  by  such  board  be  prescribed,  or 
for  personal  notice  upon  property  own- 
ei".  but  any  such  notice  shall  be  in  ad- 
dition to  and  cumulative  to  the  ad- 
vertisement provided  for,  and  service 
of  notice  by  such  advertisement  shall 
be  deemed  sufficient  without  further  or 
additional  notice.  The  owner  or  own- 
ers of  property,  abutting  upon  the 
street,  avenue,  alley,  public  place  or 
square,  or  part  or  section  thereof,  along 
which  sidewalks  are  ordered  to  be  con- 
structed, reconstructed,  or  repaired 
shall,  within  thity  days  from  the  publi- 
cation of  such  notice,  construct,  recon- 
struct or  repair  the  said  sidewalk  or 
sidewalks  in  accordance  with  the  speci- 
fications at  his  or  their  o\Vn  cost  and 
expense,  except  the  cost  of  excavating 
or  grading,  which  shall  be  borne  by  the 
city.  If  the  owner  or  owners  of  any 
property  in  front  of  wbich  sidewalks 
are  ordered  to  be  constructed,  recon- 
structed or  repaired  under  the  terms 
hereof  shall  not  Avithin  thirty  daj's  of 
the  publication  of  such  notice  so  con- 
struct, reconstruct  or  repair  such  side- 
walk or  sidewalks  the  board  shall  have 
power,  by  resolution,  and  it  shall  be 
their  duty  to  order  the  construction,  re- 
construction or  repairing  by  the  city 
Ml]    cause    tlie    same    to   be    constructed. 


59 


ifcon.'^tnictod  or  repaired.  (Mther  by  the 
c'ltj.  or  to  let  the  work  by  contract 
under  such  rules  and  regulations  as  may 
be  adopted  by  the  board  and  with  or 
without  competitive  bidding  at  the  dis- 
cretion of  the  board.  Whenever  the  city 
sliall  have  constructed,  reconstructed  or 
repaired  or  coused  to  be  constructed,  re- 
constructed or  repaired,  any  sidewalk 
as  herein  provided,  the  board  shall  have 
power  to  assess  the  whole  costs  there- 
of, except  the  cost  of  excavating  and 
grading,  which  shall  be  borne  by  the 
city,  against  the  property  abutting  up- 
on the  street,  avenue,  alley,  public  place 
or  square  upon  Avhich  such  sidewalks 
shall  have  been  constructed,  recon- 
structed or  repaired,  and  the  owner  or 
ownei*s  thereof,  provided  that  no  as- 
sessment shall  be  made  against  any 
pioperty  or  its  owner  or  owners  tfnless 
the  said  property  shall  be  specially  ben- 
efited by  the  construction,  reconstruc- 
tion or  repair  of  such  sidewalk,  nor  for 
any  sum  in  excess  of  the  special  bene- 
fit which  shall  accrue  to  said  property 
and  its  owner  or  owners  from  the  con- 
struction, reconstruction  or  repair  to 
the  said  sidewalk.  When  such  sidewalk 
is  ordered  to  be  "consti*ueted,  recon- 
structed or  repaired  in  front  of  the 
property  of  one  owner  subject  to  the 
terms  hereof  the  cost  of  such  sidewalk 
shall  be  assessed  against  the  property 
and  the  owner  thereof.  Where  side- 
walks are  ordered  to  be  constructed,  re- 
constructed or  repaired  in  front  of  the 
property  of  more  than  one  owner  or  in 
front  of  more  than  one  lot  along  any 
street,  avenue,  public  place,  alley  or 
square,  or  part  or  portion  thereof,  the 
costs  of  construction,  reconstruction  or 
repair  of  the  said  sidewalk  in  front  of 
the  property  of  each  owner  shall  be  as- 
sessed against  such  owner  and  his  prop- 
erty separate  and  a  separate  liability 
against  such  owner  declared.  No  as- 
sessment for  the  costs  of  such  side- 
walks shall  be  made  against  any  prop- 
erty or  its  owner  until  the  board  shall 
have    first    declared,    by    resolution,    di- 


locting  notice  thereof  to  be  given  to  . 
Ihe  owner  or  owners  of  such  propcrt3\,j 
Such  notice  shall  be  given  by  advertis-j 
ing  the  same  in  a  newspaper  of  general^ 
circulation  in  the  City  of  Collinsville,  * 
three  consecutive  days,  or  once  in  a^ 
weekly  ncAvspaper,  and  also  by  mailing^ 
to  said  owner  or  owners  a  copy  of  such  i 
notice  by  registered  letter  deposited  in  '• 
the  postoffice  in  the  City  of  Collins- " 
ville  directed  to  the  address  of  such  \ 
owner,  if  known,  or  if  the  address  be 
not  known,  then  to  the  agent  or  at-  ] 
torney  of  such  owner  or  owners,  if  q 
known;  provided,  that  the  letters  afore-  : 
said  shall  be  deposited  in  the  postoffice  ^ 
not  less  than  five  days  prior  to  the  date  't 
stated  for  the  hearing  Jiereinafter  men-  ; 
tioned,  and,  provided,  further,  that  the  ^ 
method  herein   prescribed  for  service  of  « 

j  notice  .by     registered     letter     shall     be  ^ 

i  merely  cumulative  of  notice  of  publica--' 
tion  above  mentioned;   provided,  that  iu;- 

'  all  cases  where  personal  service  of  no-  ■; 
tice  shall  not  be  obtained  the  notice  by  i 
publication  shall  be  valid  and  binding.  * 
The  notice  aforesaid  shall  state  the  -j 
time  of  the  hearing  hereinafter  men-  ' 
tioned,  and  the  general  character  of  the  ^ 
sidewalk  ordered  to  be  constructed  or  - 
repaired,  the  street,  avenue,  public  place,  j 
alley  or  square,  or  part  or  section  there-  i 
of  along  which  the  same  has  been  con- J 
strueted,  reconstructed,  or  repaired,  and  ^ 
that  the  costs  of  the  said  work  is  pro-  •'* 

■posed  to  be  assessed  against  the  owner- 
or  owners  of  property  abutting  thereon,  -^ 
and  the  date  for  the  hearing.  Said  i 
hearing  shall  not  be  less  than  one  week  '; 
from  the  time  of  the  first  publication  ^ 
of  such  notice.  On  the  date  set  in  the  i 
notice  afresaid  and  at  any  time  there-  | 
after  before  an  assessment  is  actually  j 
levied,  any  person  or  corporation  in-  j 
terested  in  any  property  which  may  be  ; 
claimed  to  be  subject  to  assessment  for"| 
the  purpose  of  paying  the  costs  of  such  ] 
sidewalk  shall  be  entitled  to  a  full  and  j 
fair  hearing  before  such  board  as  to  all  > 
improvements  affecting  such  property,  ', 
or  the  benefit  thereof  of  such  construe-  " 


60 


tioii.  roconstnictiou.  or  repairing  of 
sueh  sidewalk,  or  as  to  any  liability 
therefor,  or  as  to  any  irregularity  or  in- 
validity of  the  proceedings  in  regard  to 
the  construction,  reconstruction,  or  re- 
pair of  such  sidewalks,  or  any  other 
objection  thereto.  Such  objection  shall 
be  filed  in  writing,  stating  the  nature 
thereof,  and  full  opportunity  shall  be 
given  to  the  person  or  "corporation  filing 
the  same  to  produce  evidence,  subpoena 
witnesses  and  to  appear  in  person  or  by 
attorney,  and  a  full  and  fair  hearing 
tliereof  shall  be  given  by  the  board, 
which  hearing  may  be  adjourned  from 
time  to  time  without  further  notice. 
The  board  shall  have  power  to  inquire 
into  and  determine  all  facts  necessary 
to  the  adjudication  of  the  said  objec- 
tion and  the  ascertainment  of  such  spe- 
cial benefits  to  the  owners  by  reason 
of  the  construction,  reconstruction,  or 
repairing  of  such  sidewalks,  and  shall 
make  such  order  in  each  case  as  may 
be  just  and  proper.  Any  objection  to 
the  regularity  of  the  proceedings  with 
reference  to  the  construction,  recon- 
struction, or  repairing  of  such  sidewalks 
or  to  the  validity  of  any  assessment  or 
the  determining  of  liability  against  such 
property  or  its  owner  shall  be  deemed 
waived,  unless  presented  at  the  time 
and  in  the  manner  herein  specified. 
When  the  hearing  above  mention- 
ed has  been  concluded  the  board  shall, 
by  ordinance,  assess  against  the  owner 
or  owners  of  the  property  and  against 
their  property  abutting  upon  the  side- 
Avalk  so  constructed,  reconstructed,  or 
repaired  the  cost  of  constructing,  re- 
constructing, or  repairing  such  side- 
walks in  front  of  or  along  the  property 
of  each  owner,  and  declare"~a  personal 
liability  against  such  owner  or  owners 
thereof.  If  it  shall  have  been  deter- 
mined by  the  board  upon  such  hearing 
that  such  owner  or  owners  and  their 
property  have  been  benefited  in  en- 
hanced value  of  such  property  in  any 
amount  at  least  equal  to  such  cost;  but, 
if    in    anv    case    it    shall    have   been    de- 


termined upon  such  hearing  that  the 
property  of  any  owner  is  not  benefited 
in  enhanced  value  by  such  construction, 
reconstruction,  or  repair  of  such  side- 
walk, then  no  assessment  shall  be  made 
against  the  property  of  such  owner; 
but  if  after  such  hearing  it  shall  be  de- 
termined by  such  board  that  sueh  prop- 
erty has  been  benefited  in  enhanced 
value  in  any  amount  less  than  the  cost 
of  the  construction,  reconstruction,  or 
repairing  thereof,  then  the  board  shall 
assess  against  the  said  owner  and  his 
property  only  such  amount  as  shall 
equal  the  benefit  received  by  such  own- 
er and  his  property.  The  ordinance 
making  the  said  assessment  shall  fix 
a  lien  upon  the  property  of  each  owner 
or  owners  and  declare  the  owner  or 
owners  thereof  to  be  personally  liable 
for  the  respective  amounts  which  may 
be  against  them  assessed,  and  shall 
state  the  time  at  which  the  said  assess- 
ment shall  be  paid,  which  shall  not  be 
longer  than  sixty  days  from  the  date  of 
making  the  same.  Such  assessment 
shall  bear  interest  from  the  date  of 
making  the  same  until  paid  at  a  rate 
not  to  exceed  eight  per  cent  per  an- 
num. The  amount  assessed  under  the 
terms  hereof  against  any  property  or 
the  property  owner  thereof  shall  be  se- 
cured by  a  lien  upon  such  property  and 
shall  constitute  a  personal  liability 
against  the  owner  or  owners  thereof  in 
favor  of  the  City  of  Collinsville  and 
the  said  liability  and  lien  may  be  en- 
forced either  by  suit  in  any  court  of 
competent  jurisdiction  or  by  sale  of 
such  property  of  such  owner  or  owners 
in  the  manner  provided  in  this  charter 
for  the  sale  of  property  for  other  taxes. 
Such  assessment  shall  include  all  costs 
and  expenses,  of  collection  of  same 
where  such  costs  are  incurred,  includ- 
ing reasonable  attorney's  fees,  where 
such  attorney's  fees  are  incurred.  In 
all  cases  where  sale  of  any  property 
shall  be  made  for  any  payment  of  any 
assessment,  in  the  manner  provided  for 
tlie    sale    of    property    for    payment    of 


61 


other  taxes,  siieh  sale  shall  be  made  by 
the  Business  Manager,  or  sueh  other  of- 
ficer as  may  be  designated  by  the  Board 
of    Commissioners,    a    deed    executed   by : 
the    said   Business    Manager,    or    other; 
officer    as    shall    be    designated  by  the ' 
Board   of   Commissioners,   and   to   recite  ^ 
in   the   deed  of  such   Business   Manager,' 
or   other   officer  as   shall    be   designated 
by   the   board   all   legal   prerequisites   to 
such  sale  have  been  complied  with,  shall 
be  prima  facie  evidence  of  the  truth  of 
the    facts    so   recited,    which    facts    shall  ' 
in  all  courts  of  law  and  equity  be  pre- 
sumed  to  be   true   without   further   evi- 
dence thereof. 

Article   XVII. 
Schools. 

Section    1.     The   City    of    C^bllinsville, 
with   the   territory   thereto   attached   or 
which    may    hereafter  •be    attached    for 
school   purposes,  shall   constitute   a   sep 
arate  school   district.  } 

Sec.  2.  The  Board  of  Education  of; 
the  City  of  Collinsville,  shall  consist  of 
three  (3)  members,  who  shall  be  nomi- 
nated and  elected  at  large  by  the  quali- 
fied electors  of  said  school  district.  The 
nomination  and  election  of  members  of 
said  school  board  shall  be  in  the  san^e 
manner  as  provided  in  this  charter  for 
the  nomination  alid  election  of  the 
Board  of  Commissioners.  The  term  of 
office  of  each  of  said  members  shall 
be  three  (3)  years,  excepting  those 
elected  at  the  first  election  held  under 
this  charter,  who  shall  hold  their  office 
as  hereinafter  provided.  Any  member 
of  the  said  board  of  education  elected 
under  the  provisions  of  this  charter 
shall  take  his  office  on  the  first  Mon- 
day in  May  Tollowing  his  election,  ex- 
cept as  hereinafter  provided.  All  mem- 
bers of  said  board  elected  at  the  first 
election  held  under  the  provisions  of 
this  charter  shall  take  their  office  at 
the  same  time  that  the  members  of  the 
Board  of  Commissioners  elected  at  the 
same  election  shall  take  their  oflFice. 
At  the  first  election  held  under  this 
charter   there    shall    be   elected    for   said 


Board  of  Education  one  member  who 
shall  hold  his  office  until  the  First  Mon- 
day in  May,  1915;  one  member  who 
shall  hold  his  office  until  the  first  Mon- 
day in  May,  1916;  one  member  who 
shall  hold  his  office  vmtil  the  first  Mon- 
day in  May,  1917,  or  until  their  succes- 
sors  are   elected   and   qualified. 

Sec.  3.  The  Board  of  Education  at 
its  first  meeting  after  the  first  election 
held  under  the  provisions  of  this  char- 
ter, and  at  their  first  meeting  after 
each  election  held  thereafter,  whether 
the  election  be  an  annual  election  or 
for  the  purpose  of  filling  a  vacancy, 
shall  organize  by  the  election  of  a  Presi- 
dent and  a  Vice-President  and  a  Clerk 
from  vamong   its    own    members. 

Sec.  4.  For  the  school  district  of  the 
City  of  Collinsville  there  shall  be  elect- 
ed a  Treasurer,  wiiose  term  shall  be 
three  (3)  years,  except  as  hereinafter 
provided.  The  first  Treasurer  elected 
under  this  charter  shall  take  his  office 
at  the  same  time  as  the  members  of 
the  Board  of  Commissioners  of  the  City 
of  Collinsville,  and  shall  hold  his  office 
until  the  first  Monday  in  May,  1917,  or 
until  his  successor  is  elected  and  quali- 
fied. Each  Treasurer,  exce])ting  the 
first  and  those  elected  to  fill  unex- 
pired terms,  shall  take  their  office  oh 
the  first  Monday  in  May  after  their 
election,  and  shall  hold  their  office  for 
three  (3)  years  therefrom,  and  until 
their^successors  is  elected  and  qualified, 
unless  sooner  removed  as  hereinafter 
provided. 

vSec.  5.  Each  member  of  the  Board  of 
Education  and  the  Treasurer  shall  qual- 
ify before  entering  upon  the  discharge 
of  the  duties  of  his  office  by  taking 
the  oath  of  office  as  required  by  law. 
Each  member  of  the  Board  of  Educa- 
tion and  the  Trea-surer  may  l)o  recalled 
in  the  same  manner  as  provided  in  this 
charter  for  the  recall  of  the  commis- 
sioners. 

Sec.  0.  The  electors  residing  in  the 
territory  attached  to  the  city  for  school 
purposes      lying     north      of      Broadway 


62 


-tuct,  exiendod  east  and  west,  shall 
vote  at  the  polls  most  convenient  to 
them  in  any  precinct  lying  wholly  or 
in  part  north  of  Broadway  street.  The 
I'lectors  residing  in  the  territory  attach- 
ed to  the  city  for  school  purposes,  lying 
south  of  Broadway  street,  extended  east 
and  west  shall  vote  at  the  polls  most 
convenient  to  them  in  any  precinct  lying 
wholly  or  in  part  south  of  Broadway 
street. 

Article  XVIII. 
]\riscellaneous    Provisions. 

Sectibn  1.  The  City  of  Collinsville, 
acting  throught  the  Board  of  Commis- 
sioners, shall  have  power  to  do  by  a  day 
labor,  under  municipal  direction,  any 
world  which  may  become  advisable  or 
necessary  to  be  done. 

Sec.  2.  In  all  work  done  by  or  for  the 
city,  cither  by  day  work  or  by  contract, 
eight  hours  shall  constitute  a  day's 
work  and  no  employe  of  the  city  on 
work  for  the  city,  oi-  employe  of  any 
contractor  or  subcontractr  of  such 
wrk,  shall  be  required  to  work  longer 
than  eight  hours  in  any  one  calendar 
day;  provided,  that  this  section  shall 
not  apply  to  the  fire  or  police  depart- 
ment or  to  employes  engaged  in  clerical 
work  for  the  city;  and,  provided  fur- 
Ihor,  that  this  section  shall  not  be  con- 
strued to  apply  to  any  contract  entered 
into  by  the  city  prior  to  the  passage  of 
this  act;  provided,  that  in  case  of  em- 
ergency, an  employe  of  city  or  contrac- 
tor, may  be  requirea  to  work  longer 
than  eight  hours,  but  when  required  so 
to  work  longer  than  eight  hours  such 
employe  shall  be  paid  for  such  overtime 
at  the  rate  of  one  and  one-half  times 
the  rate  such  employe  is  paid  for  his 
labor   during  the   eight   hours. 

Sec.  .S.  The  personal  and  real  proper- 
ty of  all  persons  owing  any  taxes  to 
the  City  of  Collinsville  is  hereby  made 
liable  for  all  tax  owing  by  such  person, 
whether  the  same  be  due  upon  personal 
or  real  property,  or  upon  both. 

Sec.  4.  The  Board  of  Commissioners 
shall  have  power  to  provide  for  taking 


an  enumeration  of  the  inhabitants  of 
the  city.  And  it  shall  be  the  du|;y  of 
the  Board  of  Commissioners,  by  resolu- 
tion to  appoint  a  commissioner,  who 
shall  supervise  such  enumeration,  whose 
compensation,  together  with  all  the  ex- 
penses of  such  enumeration,  shall  be 
paid  in  such  manner  as  the  Board  of 
Commissioners  may  provide. 

Sec.  5.  No  property  of  any  kind, 
church,  school  or  otherwise  in  the  City 
of  Collinsville  shall  be  exempt  from  any 
of  the  special  taxes  and  assessments 
authorized  by  this  charter  for  locaj  im- 
provements. 

Sec.  0.  The  fiscal  year  of  the  City  of 
Collinsville  shall  begin  and  end  at  12:00 
o'clock,  midnight,  on  the  last  day  of 
June   in   each   year. 

Sec.  7.  All  bonds,  contracts  or  other 
instruments  requiring  the  assent  of  the 
city  shall  be  signed  by  the  chairman 
of  the  Board  of  Commissioners,  or  the. 
acting  chairman,  and  attested  by  one 
other  member  of  said  board,  and  all 
legal  processes  against  the  city  shall  be 
served  upon  the  chairman  of  the  Board 
of  Commissioners  or  acting  chairman. 

Sec.  8.  In  addition  to  the  other 
modes  of  collection  anywhere  in  this 
act  provided,  all  taxes  due  the  city  may 
be  collected  by  an  action  of  debt,  and 
liens  on  real  estate  may  be  foreclosed 
in  any  court  having  jurisdiction.  The 
assessment  rolls  relating  to  such  taxes 
shall,  be  taken  as  prima  facie  evidence 
of  the  statements  made  therein,  and  the 
city  shall  have  authority  to  become  the 
purchaser  at  all  sales  of  property  for 
taxes  due  it,  under  judgment  or  other- 
wise. It  shall  be  the  duty  of  the  Bus- 
iness Manager  to  attend  such  sales,  to 
make  such  purchases  if  they  be  neces- 
sary, or  to  empower  some  other  person 
to  do  so  on  behalf  of  the  city. 

Sec.  9.  Before  the  City  of  Collinsville 
shall  be  liable  for  damages  of  any  kind 
the  person  injured  or  some  one  in  his 
behalf,  shall  give  the  Business  Manager 
notice  in  writing  of  such  injury  within 
I  thirtv  days  after  the  same  has  been  re- 


63 


eeived.  stating  specifically  in  such  no- 
tice when,  where  and  how  the  injury 
occurr6d  and  the  extent  thereof.  The 
City  of  Collinsville  shall  never  be  liable 
on  account  of  any  damage  or  injury  to 
person  or  property  arising  from  or  oc- 
casioned by  any  defect  in  any  public 
street,  highway  or  grounds,  or  any  pub- 
lic work  of  the  city,  unless  the  specific 
defect  causing  the  damage  or  injury 
shall  have  been  actually  known  to  the 
Business  Manager  or  City  Engineer  by 
personal  inspection  for  a  period  of  at 
least  twenty -four  hours  prior  to  the  oc- 
currence of  the  injury  or  damage,  un- 
less the  attention  of  the  Business  Man- 
ager or  City  Engineer  shall  have  been 
called  thereto  by  notice  thereof  in  writ- 
ing at  least  twenty-four  hours  prior  to 
the  occurrence  of  the  injury  or  damage 
and  proper  diligence  has  not  been  used 
to  rectify  the  defect  after  actually 
known  or  called  to  the  attention  of  the 
Business  Manager  or  City  Engineer  as 
aforesaid. 

Sec.  10.  It  shall  not  be  necessary  in 
any  action,  suit  or  proceeding  in  which 
the  City  of  Collinsville  is  a  party,  for 
any  bond,  undertaking  or  security  to 
be  executed  in  behalf  of  said  city,  but 
all  such  action,  suits,  appeals,  or  pro- 
ceedings shall  be  conducted  in  the  same 
manner  as  if  such  bond,  undertaking 
or  security  had  been  given,  and  said 
city  shall  be  liable  as  if  such  obligation 
had  been  duly  given   and  executed. 

Sec.  11.  The  property,  real  and  per- 
sonal, belonging  to  said  city  shall  not 
be  liable  to  be  sold  or  appropriated 
under  any  writ  of  execution  or  cost  bill, 
nor  shall  the  funds  belonging  to  said 
city,  in  the  hands  of  any  person,  be  lia- 
ble to  garnishment  on  account  of  any 
debt  it  may  owe  or  funds  it  may  have 
on  hand  due  any  person,  nor  shall  the 
city  or  any  of  its  officers  or  agents  be 
required  to  answer  to  any  writ  of  gar- 
nishment on  any  account  whatsoever, 
nor  shall  said  city  be  liable  to  the  as- 
signee of  any  wages  of  any  officer, 
agent  or  employe  of  said  city,  whether 


earned  or  unearned,  upon  any  claim  or 
account  whatsoever,  and  as  to  the  city 
any  such  assignment  shall  be  absolutely 
void, 

Sec.  12.  Whenever,  in  the  opinion  of 
the  Business  Manager,  any  building, 
fence,  shed,  awning  or  structure  of  any 
kind,  or  part  thereof,  is  liable  to  fall 
down  and  injure  persons  or  property, 
or  whenever  any  barbed  wire  fence  is 
now  or  shall  be  stretched  along  the 
street  lincj  the  Business  Manager  may 
order  the  owner  or  agent  of  same,  or 
occupants  of  the  premises,  to  take-down 
and  remove  the  same  within  such  time 
as  he  may  direct;  and  may  punish  by 
fine  and  imprisonment,  or  either,  all 
persons  failing  so  to  do.  The  Business 
Manager  shall  have  the  additional  power 
to  remove  the  same  at  the  expense  of 
the  city  on  account  of  the  owner  of  the 
property  and  assess  the  expenses  there- 
of, including  condemnation  proceedings, 
as  a  special  tax  against  the  land,  and 
the  same  may  be  ejected  as  other  spe- 
cial taxes  provided  for  in  this  charter, 
or  by  suit  in  any  court  of  competent 
jurisdiction. 

Sec.  13,  The  Board  of  Commissioners 
shall  have  full  power  to  condemn  all 
dangerous  buildings,  or  obstructions  of 
any  kind,  and  may  provide  regulations 
therefor  by  ordinance. 

Sec.  14.  All  writs,  subpoenas,  or  other 
process  issuing  out  of  the  city  court, 
shall  nm  in  the  name  of  the  City  of 
Collinsville,  and  may  be  executed  and 
served  by  the  Chief  of  Police  or  his 
deputies,  or  policemen  of  said  city  any- 
where in  Rogers  or  Tulsa  County,  Ok- 
lahoma. 

Sec.  15.  In  all  cases  where,  by  any 
of  the  provisions  of  this  act,  or  by  ordi- 
nances in  pursuance  thereof,  a  person  is 
required  to  obtain  a  license  for  any  call- 
ing, occupation,  business  or  vocation, 
and  has,  on  complaint  before  the  Police 
Court,  been  adjudged  guilty  of  violat- 
ing any  rule,  regulation  or  ordinance  of 
the  city  in  relation  thereto,  said  court, 
in  addition  to  the  punishment  to  be  im- 


64 


posed   therefor,  may   suspend  or  revoke 
the  license  so  granted. 

Sec.  16.  The  term  "officer"  as  used 
in  this  charter,  shall  apply  only  to  those 
officers  who  are  elected  by  the  people, 
or  are  appointed  or  confirmed  by  the 
Board  of  Commissioners,  and  the  same 
does  not  include  policemen,  except  the 
Chief  of  Police  and  Business  Manager, 
and  does  not  include  other  agents  or 
employes  of  said  city.  All  city  officers 
and  employes  shall  enter  into  sudi  bond 
for  the  faithful  performance  of  their 
duties  as  the  Board  of  Commissioners 
may  require,  by  ordinance  or  resolution, 
and  shall  perform  such  other  and  fur- 
ther duties  as  the  Board  of  Commis- 
sioners may  from  time  to  time  pre- 
scribe.. 

Sec.  17.     All  qualified  electors  of  tlie 
State    who    shall    have    resided  for  six  i 
months  immediately  preceding  the  elec- 1 
tion  within  the  limits  of  the  city  shall  I 
have  the  right  to  vote  for  commission- 1 
ers  and  all  other  elective  officers  of  said 
city,   but   in   all   elections   to   determine 
the   expenditure   of   money,    or   assump- 
tion of  debt  or  levy  special  taxes,  only 
those  shall  be  qualified  to  vote  who  pay  - 
taxes   as   defined   in    (c)    Sec.   10,  Art.   I 
of  this   charter.  \ 

Sec.  18.  The  Board  of  Commissioners 
shall  have  the  right  to  remit  in  whole 
or  in  part,  any  fine  or  penalty  belong- 
ing to  the  city,  which  may  be  imposed 
under  any  ordinance  or  resolution  pass- 
ed  in  pursuance  of  this   act.  j 

Sec.  19.    No  lien  of  any  kind  can  ever 
exist  against  the  public  halls,  parks  or! 
public  works  of  the  City  of  Collinsville. ! 
All   subsontractors,   material    men,    me- ' 
chanics    and    laborers    upon    any    public 
works    of    the    City    of    Collinsville    are 
hereby  required  to  notify  the  city  of  all ' 
claims    they    may    have    on    account    of 
such   work   against   the   city,   and   when 
such    notice    has    been    given    the    city 
shall  retain  an  amount  from  any  funds 
due  the  contractors  sufficient  to  satisfy 
all    claims;    provided,    that    such    notice 
may   be   given   at   any   time   after   such 


indebtedness  becomes  due  and  before 
final  settlement;  and,  provided  further, 
that  no  contractor  or  subcontractor 
shall  issue  any  time  checks  on  or  on 
account  of  any  public  works  of  said 
city. 

Sec.  20.  The  Board  of  Commissioners 
shall  require  good  and  sufficient  bonds 
of  all  contractors  with  at  least  two 
good  and  sufficient  sureties,  who  shall 
be  residents  of  the  State  of  Oklahoma. 
No  non-resident  of  the  State  shall  ever 
be  received  as  surety  on  any  bond  pay- 
able to  the  City  of  Collinsville,  except 
such  guarantee  companies  as  may  be 
satisfactory  to  the  Board  of  Commis- 
sioners and  in  all  cases  at  least  one  of 
the  sureties  must  be  a  resident  of 
Rogers  County,  Oklahoma.  Bondmen 
shall  give  such  proof  of  their  solvency 
as  may  be  required  by  the  Board  of 
Commissioners. 

Sec.  21.  All  appropriations  made  or 
set  apart  for  the  payment  of  any  in- 
terest or  sinking  fund,  or  both,  shall 
under  no  circumstances  ever  be  diverted 
to  any  other  purpose,  except  it  may  be 
invested  as  provided  by  the  laws  of  the 
State  of  Oklahoma. 

Sec.  22.  All  questions  arising  in  ad- 
ministering said  city  government,  and 
not  provided  for  in  this  act,  shall  be 
governed  by  the  State  law  in  such  cases 
made  and  provided. 

Sec.  23.  This  act  shall  be  deemed  a 
public  act,  and  judicial  notice  shall  be 
taken  thereof  in  all  courts  and  places, 
without  the  same  having  been  pleaded 
or  read  in  evidence. 

Sec.  24.  The  Board  of  Commissioners 
shall  have  the  power  to  prohibit  the 
working  of  State  convicts  within  corpo- 
rate limits  of  the  city. 

Sec.  25.  The  Board  of  Commissioners 
shall  have  power  to  prohibit  minors 
from  going  and  being  on  the  public 
streets  and  in  public  places  in  the  City 
of  Collinsville  between  the  hours  of  9 
o'clock  p.  m.  and  4  o'clock  a.  m.  at 
night,  without  the  consent  of  their  par- 
ents  or  guardians.  ^ 


65 


Sec.  26.  The  Board  of  Commissioners 
are  hereby  empowered  and  authorized 
to  exempt  from  municipal  taxation  for 
a  period  of  not  exceeding  five  years, 
manufacturing  establishments  and  pub- 
lic utilities,  as  an  inducement  to  their 
location  in  the  city,  when  ratified  by  a 
majority  vote  of  the  tax-paying  voters 
voting  then  on  at  a  special  or  general 
election. 

Sec.  27.  All  elections  shall  be  held 
in  the  manner  provided  by  the  general 
election  laws  of  the  State  of  Oklahoma, 
as  far  as  the  same  may  be  applicable 
and  in  other  respects  in  accordance  with 
the  provisions  of  this  charter  and  the 
ordinances  of  the  city  made  by  author- 
ity hereof.  It  shall  be  the  duty  of  the 
Board  of  Commissioners  to  divide  the 
city  into  a  convenient  number  of  elec- 
tion districts  or  precincts,  and  at  least 
ten  days  before  any  election  shall  be 
held  in  the  city,  the  Board  of  Commis- 
sioners shall  provide  for  a  polling  place 
in  each  of  such  election  districts  or  pre- 
cincts, and  shall  give  notice  for  not  less 
than  three  days  in  a  daily  newspaper 
or  one  time  in  a  weekly  newspaper  in 
the  City  of  Collinsville  of  the  selection 
of  sucTi  polling  places. 

Sec.  28.  The  judges  of  election  shall 
be  qualified  voters  in  the  city  and  the 
election  district  or  precinct  where  they 
are  to  act,  and  all  election  boards, 
clerks,  judges  and  other  officers  of  elec- 
tion shall,  as  provided  for  in  the  general 
election  laws  of  the  State  of  Oklahoma, 
and  by  the  provisions  of  this  charter, 
and  shall  perform  the  duties  imposed 
by  such  election  law,  and  this  charter; 
provided,  that  the  election  returns  shall 
bo  made  to  the  Board  of  Commissioners, 
and  the  duties  required  to  be  performed 
by  the  County  Election  Board  shall  be 
performed  by  the  Board  of  Commis- 
sioners of  the  City  of  Collinsville,  and 
the  duties  to  be  performed  by  the  Sher- 
iff shall  be  performed  by  the  Chief  of 
police  of  the  City  of  Collinsville;  and 
the  city  officers  are  hereby  required  to 
perform    the   various    duties   herein    pro- 


vided in  the  State  Election  Laws  pre- 
scribed for  the  county  officers,  in  whose 
stead  they  act,  subject  to  the  same 
penalties  and  provisions  prescribed  by 
said  election  laws  as  to  such  officers, 
all  general  election  days  shall  be  holi- 
days in  the  city. 

See.  29.  Every  person  elected  or  ap- 
pointed to  any  office  in  the  City  of 
Collinsville  shall,  before  he  enters  upon 
his  duties,  take  the  official  oath  pre- 
scribed by  the  State  Constitution,  and 
such  additional  oaths  as  the  Board  of 
Commissioners  may  prescribe  to  secure 
a  faithful  performance  of  duty. 

Any  officer  ceasing  to  possess  any  of 
the  qualifications  required  of  him  at 
the  time  of  his  election  shall  thereby 
vacate  his  office  and  the  same  shall 
be  filled  as  herein  provided. 

Sec.  30.  All  rules  and  regulations  and 
ordinances  concerning  the  police  and  fire 
departments  of  the  City  of  Collinsville 
in  force  when  this  act  goes  into  effect, 
and  which  are  not  in  conflict  with  this 
act,  shall  be  and  remain  in  force  until 
altered,  amended  or  repealed  by  the 
Board  of  Commissioners;  and  all  such 
rules  and  regulations  and  ordinances  as 
may  be  in  conflict  with  this  act  are 
hereby  repealed.  No  person  shall  be 
eligible  to  appointment,  or  to  be  ap- 
pointed, or  serve  as  a  policeman,  officer 
of  police  or  fireman  of  the  City  of  Col- 
linsville who  shall  have  been  convicted 
of  any  offense,  the  punishment  of  which 
may  be  confinement  in  the  State  Peni- 
tentiary; nor  shall  any  person  be  ap- 
pointed who  is  not  shown  to  be  of  good 
character,  or  who  can  not  read  and 
write  the  English  language,  or  who  does 
not  possess  ordinary  physical  strength 
and  courage.  Firemen  of  the  City  of 
Collinsville  shall  hold  their  positions 
during  good  behavior,  and  shall  not  bo 
removed  from  sameV  except  for  such 
cause  as  in  the  opinion  of  the  Board  of 
Commissioners  renders  them  unfit  to  re- 
main in  the  service  of  the  city,  and 
after  written  notice,  giving  the  grounds 
for   such   discharge   or   remo\;al   and    an 


66 


opportunity  to  be  heard  on  such  charges 
or  reasons. 

The  Board  of  Commissioners  shall 
have  the  authority  to  make  provision 
for  the  care  and  sustenalice  of  police- 
men and  firemen  who  have  been  dis- 
abled vi^hile  in  the  active  discharge  of 
their  duties  in  the  service  of  the  city, 
or  who  after  long  and  continuous  ser- 
vice have  become,  by  reason  of  old  age 
and  infirmities,  incapacitated  to  dis- 
charge their  duties.  After  January  1, 
1914,  all  policemen  and  firemen  who 
shall  have  served  continuously  for  ten 
consecutive  years  and  who  have  not 
been  found  guilty  of  any  charges  for 
violation  of  any  of  the  rules  of  said  de- 
partment, shall  each  receive  as  salary 
the  sum  of  $2.50  per  month  in  addition 
to  their  regular  salaries;  for  fifteen 
years  of  such  service,  $5  per  month  in 
addition  to  their  regular  salaries;  for 
twenty  years  of  such  service,  $7.50  per 
month  in  addition  to  their  regular  sal- 
aries; for  twenty-five  years  of  such  ser- j 
vice,  $10  per  month  in  addition  to  their  | 
regular  salaries.  | 

Sec.  31.  It  shall  be  the  duty  of  the 
Mayor,  as  soon  as  this  act  shall  take 
effect,  to  order  an  election  on  the  third 
Wednesday  after  this  charter  takes  ef- 
fect, at  which  election  three  commission- 
ers shall  be  elected  at  large  in  the  City 
of  Collinsville.  If  for  any  reason  the 
Mayor  shall  fail  to  make  such  call  for 
said  election  within  five  days  after  this 
act  becomes  a  law,  then  it  shall  be  the 
duty  of  the  County  Judge  of  Rogers 
County  to  issue  said  call  for  said  elec- 
tion and  to  give  ten  days'  notice 
thereof.  Said  election  shall  be  held  ac- 
cording to  the  laws  of  the  State  of  Ok- 
lahoma applicable  thereto,  except  where 
the  same  may  be  in  conflict  with  the 
provisions  of  this  charter.  The  judges 
and  clerks  of  said  election  shall  be 
qualified  voters  of  the  City  of  Collins- 
ville and  shall  receive  such  compensation 
and  perform  such  duties  as  may  be 
provided  by  law  and  ordinances  of  the 
City  of  Collinsville.    In  case  such  judges 


so  appointed  fails  or  refuses  to  act,  or 
in  case  no  judge  of  election  appears  to 
open  the  polls  the  attending  qualified 
voters  shall  appoint  such  officers,  who 
shall  have  the  same  powers  and  perform 
all  the  duties  of  presiding  judges  of 
election.  But  in  such  cases  such  judges 
shall,  in  their  return,  certify  that  the 
judges  of  election  acting  as  such,  were 
duly  elected  by  the  electors  present, 
naming  at  least  three  such  qualified 
electors  present  and  voting.  The  three 
commissioners  elected  at  said  election, 
as  provided  herein,  shall  hold  their  re- 
spective offices,  perform  their  duties 
and  receive  their  pay  until  their  succes- 
sors are  elected  and  qualified. 

Sec.  32.  It  shall  be  unlawful  for 
any  person  to  incumber  or  obstruct  any 
street,  highway  or  grounds  of  the  City 
of  Collinsville  with  any  posts,  boxes, 
lumber,  fences,  or  with  anything  else. 
Any  person  violating  the  provisions  of 
this  section  shall  be  subject  to  a  fine 
in  any  sum  in  the  Police  Court,  not  ex- 
ceeding two  hundred  dollars,  and  each 
and  every  day  that  any  obstruction 
shall  exist  shall  constitute  a  separate 
and  distinct  offense. 

Sec.  33.  No  officer  or  employe  of^the 
City  of  Collinsville  shall  ever  accept,  di- 
rectly or  indirectly,  any  gift,  favor, 
privilege  or  employment  from  any  pub- 
lic utility  corporation  enjoying  a  grant 
of  any  franchise,  privilege  or  easement 
from  said  city,  during  the  term  of  of- 
fice of  such  officer,  or  during  employ- 
ment of  such  employe,  except  as  may 
be  authorized  by  law  or  ordinance.  Any 
officer  or  employe  of  the  city  who  shall 
violate  the  provisions  of  this  section 
shall  be  adjudged  guilty  of  a  misde- 
meanor and  shall  be  imprisoned  in  the 
county  jail  not  less  than  three  months 
nor  more  than  twelve  months,  or  shall 
be  fined  not  less  than  five  hundred  dol- 
lars nor  more  than  on  thousand  dollars, 
or  may  be  punished  with  both  such  fine 
and.  imprisonment,  and  shall  be  subject 
to  removal  from  office  ispo  facto. 

Sec.  34.     No  contract  shall  be  entered 


67 


into  by  the  Board  of  Commissioners  un- 
til after  an  appropriation  has  been 
made  therefor,  nor  in  excess  of  the 
amount  appropriated,  and  all  contracts 
sliall  be  made  upon  specifications,  and 
no  contract  shall  be  binding  upon  the 
city  unless  it  has  been  signed  by  the 
chairman  of  the  Board  of  Commission- 
ers, and  countersigned  by  one  other 
member  of  said  Board  of  Commission- 
ers, and  the  expense  thereof  charged  to 
the  proper  appropriation;  and  whenever 
the  contract  charged  to  any  appropria- 
tion equals  the  amount  of  said  appro- 
priation, no  further  contracts  shall  be 
entered  into  by  the  Board  of  Commis- 
sioners. 

Sec.  35.  In  addition  to  all  powers 
elsewhere  granted  in  this  charter,  the 
City  of  Collinsville  shall  have  power  to 
prohibit  the  erection,  construction  and 
maintenance  of  oil  houses,  where  oil  is 
stored,  or  oil  yards  in  any  portion  of 
the  city  and  to  prohibit  the  erection  of 
such  oil  houses  or  oU  yards  where  oil  is 
stored  within  certain  distances  of  the 
main  lines  of  any  railroad,  and  to  pro- 
hibit the  erection  and  location  of  oil 
houses  and  the  storing  of  same  in  any 
part  of  the  residence  district  of  the  city, 
and  authorize  the  inspection  of  all  such 
oil  houses  and  oil  yards;  and  to  require 
the  building  or  construction  of  oil 
houses  out  of  fireproof  material.  To 
require  the  construction  of  suitable  fire 
escapes  on  or  in  hotels,  lodgmg  nouses 
or  other  buildings,  whether  now  built 
or  hereafter  to  be  built;  to  regulate  the 
construction  of  all  passenger  or  freight 
elevators  used  in  buildings,  and  to  pro- 
vide for  their  inspection,  and  to  pass 
all  suitable  laws  necessary  for  the  safe- 
ty and  protection  of  life  or  property 
in  the  use  of  such  elevators;  to  regulate 
and  prohibit  the  construction  of  livery 
stables  or  blacksmith  shops  in  the  resi- 
dence portion  of  the  City  of  Collinsville, 
to  prohibit  the  erection  or  construction 
of  any  building  or  structure  of  any  kind 
within  the  City  of  Collinsville  without  a 
permit   first   having  been   issued   by   the 


city  for  the  construction  or  erection  of 
such  building  or  structure,  and  to  au- 
thorize a  fee  to  be  charged  for  such  per- 
mit; to  authorize  the  inspection  by  the 
city  of  all  buikhngs  or  structures  during 
the  progress  of  their  construction,  to  re- 
quire that  all  buildings  shall  be  con- 
structed in  conformity  to  the  building 
regulations  which  may  exist  in  said 
city,  or  which  shall  hereafter  be  passed. 

Sec.  3G.  The  Board  of  Commissioners 
shall  have  power  to  summon  and  com- 
pel the  attendance  of  witnesses,  and  the 
production  of  books  and  papers  before 
them  whenever  it  may  be  necessary  for 
the  more  effective  discharge  of  their 
duties.  All  process  shall  be  signed  by 
the  chairman  of  the  Board  of  Commis- 
sioners and  attested  by  one  other  mem- 
ber of  the  board,  and  shall  be  served 
by  the  Cheif  of  Police  or  any  police 
office  of  the  said  city. 

Sec.  37.  In  the  event  any  part,  arti- 
cle, section  or  subdivision  of  this  act 
shall  be  held  to  be  imconstitutional  oi- 
invalid  for  any  reason,  such  holding 
shall  not  be  construed  to  invalidate  or 
impair  the  remainder  of  the  act,  but 
the  same  shall  continue  in  full  force 
and  effect  notwithstanding  such  hold- 
ing. 

Sec.  38.  Whenever  any  power,  au- 
thority or  right  is  conferred  herein  upon 
the  City  of  Collinsville,  or  upon  the 
Board  of  Commissioners,  and  provisions 
are  incorporated  herein  for  the  exer- 
cise thereof  in  different  ways,  each  of 
such  provisions  shall  be  held  and  con- 
strued to  be  cumulative  of  the  other 
referring  to  the  same  subject,  and  in 
such  cases  the  Board  of  Commissioners 
shall  be  empowered  to  use  its  own  dis- 
cretion with  respect  to  which  of  such 
powers  it  shall  exercise. 

Sec.  39.  All  elections  for  the  appro- 
val or  rejection  of  bond  issues,  the 
granting  of  franchises  and  th(?  levying 
of  special  taxes,  wherein  such  matters 
shall  be  submitted  to  a  vote  of  the  tax- 
payers of  the  city,  shall  be  held  at  a 
general   or  special  election   in  said  City 


68 


ot"  Collinsvilie,  and  the  elections  held 
to  elect  members  of  the  Board  of  Com- 
missioners shall  be  the  only  elections  in 
said  city  which  shall  be  denominated 
general  elections. 

Sec.  40.  No  real  estate  belonging  to 
the  city  shall  ever  be  disposed  of  by 
sale,  gift,  lease  or  otherwise,  except 
when  a  majority  of  the  tax-paying 
voters  shall  vote  therefor  at  a  general 
or  special  election,  and  no  other  prop- 
erty of  the  city  shall  be  disposed  of 
except  by  the  same  conditions,  unless  it 
be  of  less  than  $1,000.00  in  value. 

Sec.  41.  The  Chief  Executive  of  the 
City  of  Collinsvilie,  under  this  charter, 
shall  be  the  chairman  of  the  Board  of 
Commissioners  or  any  other  member  of 
the  Board  of  Commissioners  acting  in 
his  stead  during  his  absence  from  the 
city,  or  by  reason  of  sickness,  or  dis- 
qualification from  performing  his  of- 
ficial duties  from  any  cause. 

Sec.  42.  The  laws  of  the  State  as 
relates  to  School  Boards  in  cities  of  the 
first  class  shall  apply  to  the  School 
Board  and  Treasurer,  except  as  herein 
provided. 

Sec.  43.  The  Clerk  of  the  School 
Board  shall  receive  such  compensation 
as  the  board  shall  determine  by  resolu- 
tion. 

Sec.  44.  The  City  of  Collinsvilie  shall 
not  be  allowed  to  be  indebted  in  any 
manner  or  for  any  purpose  to  an 
amount  exceeding  in  any  one  year  the 
income  and  revenue  provided  for  such 
year,  without  the  assent  of  three-fifths 
of  the  voters  thereof,  voting  at  an  elec- 
tion to  be  held  for  that  purpose,  nor  in 
cases  requiring  such  assent,  shall  any  in- 
debtedness be  allowed  to  be  incurred 
to  an  amount,  including  existing  indebt- 
edness in  the  aggregate,  exceeding  five 
per  centum  of  the  valuation  of  the  tax- 
able property  therein,  to  be  ascertained 
from  the  last  assessment  for  State  and 
County  purposes,  previous  to  the  incur- 
ring of  such  indebtedness  requiring  the 
assent  of  the  voters  as  aforesaid  it  shall 
have  the  power  to  provide  for,  and  be- 


fore, or  at  the  time  of  incurring  such 
indebtedness  it  shall  provide  for  the  col- 
lection of  an  annual  tax  in  addition  to 
the  other  taxes  provided  for  by  this 
charter  sufficient  to  pay  the  interest 
on  such  indebtedness  as  it  falls  due 
and  also  to  constitute  a  sinking  fund 
for  the  payment  of  the  principal  thereof 
within  twenty-five  years  from  the  time 
of  contracting  the  same. 

Sec.  45.  Every  officer  who  shall  ap- 
prove, allow  or  lay  any  demand  on  the 
Treasury  of  the  city  not  authorized  by 
law,  ordinance,  or  this  charter  shall  be 
liable  to  the  city  individually  and  on 
his  official  bond  for  the  amount  of  the 
demand  so  illegally  approved,  allowed  or 
paid. 

Sec.  46.  When  this  charter  shall  be 
adopted  and  approved  in  the  manner 
provided  by  law,  the  provisions  herein 
made  relative  to  the  duties  and  author- 
ity of  the  Board  of  Commissioners  shall 
be  held  in  abeyance  until  the  election 
and  qualification  of  the  members  of 
said  Board  of  Commissioners,  and  all 
powers  now  held  and  duties  performed 
by  the  present  Mayor,  City  Clerk,  Coun- 
cilmen.  Chief  of  Police  and  other  of- 
ficials of  the  City  of  Collinsvilie,  Okla- 
homa, shall  continue  to  be  held  and  per- 
formed by  them  until  the  election  and 
qualification  of  the  Board  oi  Commis- 
sioners as  by  this  charter  provided. 

Sec.  47.  In  all  sanitary  sewer  dis- 
tricts in  which  there  is  a  sanitary  sewer 
constructed  at  the  time  of  the  adop- 
tion of  this  charter,  there  shall  be  a 
physical  connection  with  said  sanitary 
sewer  of  every 'building  or  structure  of 
every  kind  whatsoever  on  each  lot,  part 
of  lot  or  piece  of  ground  abutting  upon 
said  sanitary  sewer,  and  said  connec- 
tion shall  be  equipped  with  such  lava- 
tories, sinks,  closets  and  othtr  appur- 
tenances as  may  be  necessary  to  pro- 
vide said  building  or  structures  with 
proper  sanitary  facilities.  If  the  own- 
er, or  agent  in  charge  of  any  property 
located  in  a  sanitary  sewer  district,  as 
above  described,  shall  fail  or  refuse  to 


69 


comply  with  the  provisions  herein  made, 
the  Board  of  Commissioners  shall,  at 
the  end  of  ninety  (90)  days  from  the 
date  of  the  adoption  and  approval  of 
this  charter,  as  provided  by  law,  adver- 
tise for  two  weeks  in  some  weekly 
newspaper,  or  three  times  in  a  daily 
newpaper,  published  and  of  general  cir- 
culation in  the  City  of  Collinsville,  for 
bids  to  make  said  connection  and  in- 
stall lavatories,  closets,  sinks  and  other 
appurtenances  necessary  to  properly 
equip  each  and  every  building  or  struc- 
ture as  herein  mentioned,  with  proper 
sanitary  facilities.  The  advertisement 
for  the  equipment,  herein  mentioned, 
shall  designate  the  lot  and  block  num- 
ber, or  street  and  number  of  each 
house,  or  building  to  be  equipped  and 
the  items  to  be  supplied  for  each  build- 
ing, and  each  bidder  shall  give  the  firm 
name,  number  of  catalogue,  and  cata- 
logue number  of  each  item  to  be  sup- 
plied and  the  unit  price  of  each  article 
and  the  sum  total  for  each  building  and 
total  of  all  buildings  to  be  equipped. 
Said  work  shall  be  let  only  to  the  low- 
est and  best  responsible  bidder,  and 
shall  be  paid  for  by  Special  Assessment 
against  each  piece  of  property  and  each 
piece  of  property  shall  be  assessed  ac- 
cording to  the  cost  of  the  work  done 
thereon,  a«d  the  same  shall  be  collected 
as  other  special  taxes  provided  for  in 
this   charter. 

Sec.  48.  When  a  sanitary  sewer  shall 
be  built  or  constructed  in  the  city  after 
the  adoption  and  approval  of  this  char- 
ter, as  provided  by  law,  each  and  every 
building  or  structure  loca1;ed  on  any  lot, 
part  of  lot  or  piece  of  ground  abutting 
thereon  shall  be  connected  with  said 
sewer  within  ninety  (90)  days  from  the 
completion  and  acceptance  of  said  sewer 
and  shall  be  equipped  with  the  neces- 
sary sinks,  lavatories,  closets  and  other 
appurtenances  to  give  the  occupants 
thereof  proper  sanitary  facilities. 
Should  the  owner  Or  agent  of  the  prop- 
erty fail  or  refuse  to  so  connect  said 
property   within   ninety    (90)    days   from 


the  completion  and  acceptance  of  said 
sewer,  the  Board  of  Commissioners 
shall  advertise  two  (2)  weeks  in  some 
^  weekly  newspaper,  or  three  times  in  a 
J  daily  newspaper  published  and  of  gen- 
eral circulation  in  the  city,  for  sealed 
J  bids,  to  connect  said  property  and  fur- 
nish same  with  the  necessary  equip- 
'  ment  as  hereinbefore  mentioned.  Each 
i  bidder  shall  give  the  firm  name,  num- 
ber of  catalogue,  and  catalogue  num- 
ber of  each  article  and  the  price  there- 
of, for  each  building  or  structure  to  be 
connected  as  herein  provided,  and  shall 
give  the  total  cost  for  each  building  or 
structure,  and  the  total  amount  for  all 
work  proposed.  Said  work  shall  be  let 
only  to  the  lowest  and  best  responsible 
bidders,  and  shall  be  paid  for  by  Special 
Assessment  against  each  piece  of  prop- 
erty and  each  piece  of  property  shall  be 
assessed  according  to  the  cost  of  the 
work  done  thereon,  and  the  same  shall 
be  collected  as  other  special  taxes  pro- 
vided for  in  this  charter. 

Sec.  49.  Library  Board.  The  Board 
of  Commissioners  may  appoint  a  Li- 
brary Board  and  by  ordinatice  provide 
for  its  organization  and  prescribe  its 
powers  and  duties.  In  the  event  of  such 
appointment,  the  members  of  such  Li- 
brary Board  shall  serve  without  com- 
pensation. 

Sec.  50.  Park  Board.  The  Board  of 
Commissioners  may,  when  the  city  has 
funds  available  for  park  purposes,  ap- 
point a  park  board,  and  by  ordinance 
provide  for  its  organization  and  pre- 
scribe its  powers  and  duties.  In  the 
event  of  such  appointment  the  members 
of  such  patk  board  shall  serve  without 
compensation. 

Sec.  51.  Amendments.  Whenever  a 
petition  containing  a  proposed  amend- 
ment to  this  charter  signed  by  a  num- 
ber of  qualified  electors  of  said  city 
equal  to  25  per  cent  of  the  total  num- 
ber of  votes  cast  at  the  next  pi;eceeding 
general  municipal  election,  shall  be  filed 
in  the  office  of  the  Business  Manager, 
the  Board  of   Commissioners   shall   sub- 


70 


init  such  proposed  amendments  to  the 
qualified  electors  of  the  city  at  the  next 
election  held  in  the  city,  except  an  elec- 
ion  invoking  the  recall  provisions  of 
this  charter  and  if  at  such  election  a 
majority  of  said  electors  voting  thereon 
shall  vote  for  said  proposed  amendment, 
the  same  shall  thereupon  become  an 
amendment  to,  and  a  part  of  this  char- 
ter when  approved  by  the  Governor  and 
filed  in  the  same  manner  and  form  as 
this  charter. 

See.  52.  Repeals.  This  charter  and 
any  provisions  thereof,  or  any  amend- 
ment thereto,  may  be  repealed  in  the 
same  manner  and  to  the  same  effect  as 
provided  in  section  51  of  this  article  for 
amendments. 

8ec.  53.  The  Board  of  Cohimissioners 
shall,  by  ordinance,  fix  the  rates  to  be 
charged  and  paid  for  the  supply  of 
lights  and  water  and  for  the  benefits 
thereof,  to  consumers,  and  from  time  to 
time  may  modify,  amend,  increase  or  di- 
minish the  same;  shall  establish  regula- 
tions for  the  use  of  lights  and  water  by 
consumers  and  may  impose  fines  and 
penalties   for   the   violation   thereof. 

Sec.  54.  No  person,  firm  or  corpora- 
tion shall  be  allowed  free  use  of  lights 
or  water,  nor  shall  there  be  any  dis- 
crimination    among     light     and     water 


users  of  like  classes  as  to  rates,  and  re- 
bates in  rates  shall  never  be  allowed  to 
any  person,  firm  or  corporation,  except 
as  an  inducement  to  prompt  payment  of 
light  and  water  rates;  provided,  how- 
ever, that  the  Board  of  Commissioners 
shall  have  power  to  reduce  such  rates 
for  use  of  water  and  electric  current  so 
fixed  for  a  period  not  exceeding  two 
years  to  manufacturing  establishments 
and  industrial  plants,  as  an  inducement 
to  their  location  in  or  near  said  city, 
when  so  authorized  by  a  majority  of  the 
legal  taxpaying  voters,  voting  at  a  reg- 
ular or  special  election. 

Sec.  55.  Each  commissioner  and  each 
member  of  the  Police  Department,  and 
Business  Manager  in  addition  to  the 
power  of  enforcing  ordinances  of  the 
city,  shall  have  the  same  police  powers 
as  are  given  to  a  constable  in  making 
arrests  and  preserving  the  peace  and 
safety  within  the  City  of  Collinsville; 
provided,  that  such  officer  shall  have 
such  power  over  territory  outside  the 
city  but  under  its  control  as  may  be 
conferred  by  the  laws  of  the   State. 

Sec.  56.  Any  violations  of  the  pro- 
visions of  this  charter  or  of  any  of  the 
ordinances  of  the  city  which  now  exist, 
or  may  hereafter  be  adopted  shall  be 
liable  to  such  fine  or  imprisonment  as 
is  or  may  be  prescribed  by  ordinance. 


71 


CERTIFICATE 


We,  the  undersigned,  being  more  than 
a  majority  of  the  Board  of  Freeholders, 
elected  at  a  duly  and  legally  called  elec- 
tion, held  in  and  for  the  City  of  Col- 
linsville,  on  the  tenth  day  of  Septem- 
ber, 1913,  said  election  being  called  for 
the  purpose  of  electing  two  freeholders 
from  each  ward  in  the  City  of  Collins- 
ville  for  the  purpose  of  framing  a  char- 
ter for  the  City  of  Collinsville  to  be 
submitted  to  the  voters  of  the  said  City 


of  Collinsville,  do  hereby  certify  that 
the  within  and  foregoing  is  the  original 
charter,  adopted  by  us,  to  be  submit- 
ted to  the  people  of  the  City  of  Col- 
linsville for  approval,  and  that  all  in- 
terlineations therein  contained,  and  all 
the  erasures  and  words  stricken  out, 
were  made  and  done  before  the  same 
was  signed  by  the  president  and  Sec- 
retary of  said  Board  of  Freeholders  and 
by  the  members  thereof. 


In  witness  whereof,  we  have  hereun- 
to executed  the  foregoing  charter  in 
duplicate  this  24th  day  of  November, 
1913. 

F.  A.  Mccormick, 

Pres.  and  Member  from  Second  Ward. 

G.   L.   CARPENTER, 
Sec.  and  Member  from  Second  Ward. 

A.  J.  BROWN, 
Member  of  the  Board,  First  Ward. 


Member  of  the  Board,  First  Ward. 


E.  E.  BATEMAN, 
Member  of  the  Board,  Third  Ward. 

H.   P.   SMITH, 
Member  of  the  Board,  Third  Ward. 

Member  of  the  Board,  Fourth  Ward. 

Member  of  the  Board,  Fourth  Ward. 

Filed  with  T.  J.  Rowland,  Mayor  of 
Collinsville,  Oklahoma,  this  24th  day  of 
November,   1913. 

T.  J.  ROWLAND. 


72 


INDEX 

Title  Page 

Additions     2 

By    petition    2 

Without    petition 2 

Unplatted   lands    2 

Publication     2 

Recording  of'  plat 2 

Authority  of  Board 3 

Appointments: 

Business    manager    C 

Officers    9 

Laborers,    9 

Amusements    10 

Amusements    17 

Auctioneers 17 

License    17 

Assault  and  battery 17 

Abusive  language   17 

Animals,  cruelty  to 17 

Boundaries    1 

Additions    by    petition,  .  . .' 2 

Additions  without  petition 2 

Additions    unplatted    2 

Additions  recorded   2 

Additions,   plats    *. 2 

Buildings:  Market  houses,  fire  stations, 
public  squares,  parks,  streets,  etc.,  pur- 
chased or   donated 4 

do     31 

Dangerous     IS 

Markets,   public   ownership 32 

Permits   and    inspection 08 

Fire  escapes   OS 

Elevators     OS 

Livery  stables  and  blacksmith   shops....  08 

Board   of   Commissioners 4 

Oath   and   bond 7 

Salaries 8 

First   term    lo 

Certificates    lo 

One-  two-  three-year  terms 10 

Filing  as  candidates 10 


Art. 

Sec. 

3 

3 

4 

5 

0 

0 

11 

2 

7 

3 

'   1 

3 

2 

5 

2 

5 

11 

5 

12 

;") 

23 

5 

10 

f) 

10 

ij 

19 

1 

2 

1 

3 

1 

4 

X 

0 

1 

0 

1 

0 

1 

14 

12 

4 

5 

29 

12 

9 

18 

35 

18 

3i 

18 

35 

18 

35 

2 

2 

9 

2 

10 

4 

28 

4 

29 

4 

30 

4 

30 

ritlt'  Page       Art.     Sec. 
BOARD   OF   COMMISSIONERS— Continued. 

^leetings    , 25 

Charter,  self-executing   25 

Reports     25 

Annual  audit   25 

Ordinances     37 

To    fix   salaries 37 

Annual   appropriations    37 

Appropriations    38 

To  fund  or  refund 39 

In  the  employment  of  franchise  holder.  .  .  30 

Oaths  Administered   39 

Witnesses  and  process 69 

Service    by    police 09 

Two   procedures    G9 

Chief  executive    ; 09 

Liability  of  officers  for  debts 70 

Charter  held  in   abeyance 70 

Business   Manager    0 

In  the  employment  of  franchise  holder. . .  39 

Taxation    40 

Oath  administered    39 

Balls    10 

Bonds:     Insurance  and  payment 39 

Elections    09 

Bawdy  houses    16 

Baggage  wagons   10 

Maximum   rate    16 

Bakeries,  bread   10 

Price  of  bread 10 

Bells,    ringing    17 

Bugles    17 

Bond  and  Oath:      (Official) 7 

Commissioner  and  Business  Manager.  ...     7 

Appointive   officers    9 

Beggars    17 

Beggars    17 

Bill    posters    IS 

Boxing  matches    18 

Butcher  shops    , 29 

Births   (registration)    28 

Board  of   health 30 


9 

3 

9 

4 

9 

5 

9 

5 

13 

22 

13 

23 

13 

24 

13 

27 

13 

28 

13 

29 

13 

31 

18 

36 

18 

36 

18 

38 

18 

41 

18 

45 

18 

46 

2 

7 

13 

29 

14 

. . 

13 

31 

5 

2 

13 

28 

18 

39 

5 

4 

5 

6 

5 

6 

5 

8 

5 

8 

5 

12 

5 

12 

2 

9 

2 

9 

3 

1 

5 

13 

5 

21 

5 

24 

5 

25 

11 

9 

11 

2 

11 

15 

Title  Page 

Corporate   name    1 

Claims,  ownership    2 

Action  to  recover 2 

Debts,  bonds  and  judgments 3 

Contracts    3 

Specifications    26 

Printing    26 

Five    per    cent 26 

How   made    68 

Tabulation   48  hours 

Candidates: 

Nomination 9 

Chickens     17 

Prohibited   in   city 19 

Dead     29 

Cattle 17 

Prohibited   in   city 19 

Dead 29 

Cruelty   to   animals ., 17 

Board  of  charities 30 

Cocaine,   sale   of 17 

Circuses ; 18 

Cock  fighting  18 

Cemeteries 28 

Crematories     i.  .   28 

Charter: 

Self-executing 25 

Chief  executive 69 

Charities: 

Juvenile  court   19 

Board  of    30 

City  Clerk: 

Oaths  administered    39 

Documents,   ownership    2 

Debts  to  city 2 

Action  to  recover 2 

Bonds    and    judgments 3 

Dance  houses   16 

Draymen     16 

Hitching     17 

License    17 

Depots    , 16 

Depots    19 


Art. 

Sec. 

1 

7 

7 

9 

12 

9 

6 

9 

6 

9 

G 

18 

34 

4 

5 

9 

5 

36 

11 

7 

5 

15 

5 

36 

11 

7 

5 

19 

11 

16 

0 

22 

5 

24 

5 

25 

11 

1 

11 

1 

9 

4 

18 

41 

5 

23 

11 

16 

13 

31 

1 

1 

J 

1 

t 

1 

9 

5 

2 

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G 

5 

20 

5 

23 

y 

6 

5 

34 

Title  Page       Art.     fcJee. 

Drawings    10  ,">  7 

Dairies: 

Regulation     10 

Inapeetion    21t 

Dogs     17 

Depositories    25 

Deaths    (registration)    28 

Drainage    system    40 

Election : 

Nomination   petition    ; 9 

Printing   ballots 10 

Arrangement    of   names 11 

Form   of   ballots 11 

Number  of  ballots 11 

Sample    of    ballots 11 

Election    board    11 

Returns 12 

Certificate    12 

Canvass   returns    12 

Canvass   returns    -12 

Judges  and  clerks,  and  pay  thereof 12 

Supplies    13 

Proclamation 13 

Boxes    14 

Supplies,  time   14 

Returns  delivered   14 

Returns  to  be  kept  after  being  canvassed  14 

Returns  shall   consist   of 14 

Stub    form    14 

Ballots,  white  paper 14 

•Precincts 1") 

Precincts  changed  15 

Seal    15 

Polls    opened    15 

First   commissioners    15 

Candidates,  file   10 

State  laws    ^7 

First  election    67 

Bond,  franchise  and  general  election ....  60 

Special  taxes    6ft 

Party  emblem   10 

Nomination   petition,  duplicate  and  time 

to   file    10 


.) 

8 

11 

8 

5 

10 

n 

2 

11 

2 

15 

2 

4 

4 

0 

4 

7 

4 

8 

4 

9 

4 

10 

4 

11 

4 

11 

4 

12 

4 

13 

4 

14 

4 

15 

4 

10 

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18 

4 

19 

4 

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4 

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4 

22 

4 

23 

4 

23 

4 

24 

4 

25 

4 

20 

4 

27 

4 

28 

4 

30 

13 

21 

18 

31 

18 

39 

18 

39 

4 

3 

Tith'  Page       Art.     Sec. 

Electric : 

Poles .  18 

Wires     19 

Municipal  ownership 30 

Right   to  sell 81 

Street   lighting    32 

l]xplosives    20 

Fire   stations    4 

Fire   apparatus    27 

Fire  crackers    17 

Pyrotechnics    17 

Fighting     18 

Fighting  and  quarreling 17 

Firearms  and  other  weapons 18 

Fines: 

Xot  paid    18 

Not  paid 10 

Financial  depositories    25 

Fire   limits    20 

Fire  limits    27 

Food  inspection 20 

Fuel: 

Weights    and    measures 20  11  11 

Franchise : 

Street  lighting    32  12  14 

Light,  power,  telephone,  carriage  of  pas- 
sengers or  freight,  railroad,  etc 32 

Xo  exclusion    33 

Non-transferrable    33 

Renewel  25  per  cent  petition. 33 

Four  per  cent  bonus 34 

Taxes 34 

Examine  book   34 

Fix  rates,  regulations 34 

Right  to  purchase 34 

Valuation    for   purchase 35 

Annulment 35 

Street  or  interurban  railroad 35 

Street  railway  over  other  lines 35 

Interurban   defined    35 

Interurban,    25    year 35 

Vote   by    35 

Bonus   payable    annually 30 


5 

32 

5 

35 

12 

1 

12 

2 

12- 

14 

10 

1 

1 

14 

10 

2 

5 

11 

5 

11 

5 

20 

5 

10 

5 

20 

5 

27 

5 

33 

0 

2 

10 

1 

10 

3 

11 

11 

13 

13 

3 

13 

3 

13 

4 

13 

5 

13 

5 

13 

0 

13 

7 

13 

8 

13 

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13 

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13 

10 

13 

10 

13 

11 

13 

12 

13 

13 

13 

14 

Title  Page 

FRANCHISE— Continued. 

F'ailure   to   pay Hfi 

Not  applicable  to  interiirban 30 

Street  railway  in  streets 3(J 

Regulate   speed    3C 

Railway  must  drain  streets 3(1 

Railway      constnict      bridges.      culverts, 

crossings    3(5 

Regulate   laying   of   track 30 

Raihvay  interfering  with  street  traffic.  30 

Railway    pave , ,  30 

Paving  improvement  cost   a  lien 30 

Railway's  part  of  cost  of  paving 30 

Permission  to  occupy 30 

Street  railway,  5  cent  fare 30 

Street  railway  must  stop  at  each  cross- 
ing      36 

Fixe  fare  for  all  public  service  Co.,  hacks 

telephone,  etc.,  rates 37 

Use  of  tracks  by  other  companies 37 

Repair  streets    . . . .- 48 

Forfeiture     49 

Fiscal  year  37 

Firemen     07 

Gambling- houses    10 

Goats    17 

Prohibited  in  city 10 

Geese    17 

Prohibited   in   city 19 

Garbage 27 

Garbage     , 27 

Gas 20 

Gas 20 

Municipal  ownership    30 

Right   to  sell 31 

Laying   of    mains 31 

Street   lighting    32 

Rates    37 

Houses   of   ill    fame 10 

Houses  of  ill  fame. 17 

Hotels    10 

Fire  escapes  17 


Art.  Sec. 

13 
13 

13 
13 

13 

13 
13 
13 
13 
13 
13 
13 
13 


13 

13 
13 
15 

15 
13 

18 

5 

5 

5 

5 

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10 

10 

11 

11 

12 

12 

12 

12 

13 

5 

5 

5 

10 


20 

5 

6 

24 

30 

7 

9 

30 

9 

30 

4 

8 

11 

12 

1 

2 

7- 

14 

1!) 

4 

21 

0 

0 


TitU'  Pago       Art.     Sec. 

Horses    17 

Driving  on  streets 17 

Driving  or  riding 17 

Hitching 17 

Dead     20 

Humane  society   17 

Board  of  charities 30 

Hoops 17 

Hogs     17 

Prohibited   in   city 10 

Health    28 

Board     '. 30 

H6spitals    31 

Initiative  and  referendum 3 

Initiative  and  referendum 30 

Insulting   language    17 

Inspection : 

Building    18 

Building    18 

Building    * 20 

Building    27 

Building    27 

Grocery,  stable,  slaughterhouse 20 

Gas.  coal  and  ice 20 

Sanitary     30 

Premises   or   persons 31 

Building   permits    and    inspection 68 

Jail    (city   prison) 10 

Juvenile   court    10 

Board  of  charities 30 

Kites    .  .  V 17  5  11 


Laws    and   ordinances 2 

Constitution  "and  laws 2 

Charter    2 

City  of  first  class 2 

Ordinances  continued   2 

Amended   or   repealed 2 

Liabilities    3 

Debts,  bonds   and  judgments 3 


5 

9 

5 

15 

5 

18 

5 

20 

11 

7 

5 

19 

11 

16 

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11 

5 

9 

5 

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11 

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13 

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16 

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29 

10 

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8 

11 

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11 

11 

11 

13 

12 

3 

18 

35 

5 

33 

5 

33 

11 

16 

6 

S 

8 

8 

8 

8 

9 

9 

TitU'  ^*agt 

Limitations    3 

(a)  Powers  reserved 3 

(b)  Sell,  rent  encumbered  utilities 3 

(c)  Taxpaying    electors 3 

Self-government    3 

Land: 

Purchase   of    3 

Title  to    4 

Lotteries    IG 

Locomotives    ,  .  17 

License    17 

Dairy* 25) 

Library,   public    31 

Miscellaneous: 

Work  to  be  done  by  day  labor 03 

lOight-hour  day    63 

Not  applicable  to  fire,  police,  clerical, . . ,   63 

Overtime    ,  .  ,". 63 

Property  liable  for  tax 63 

Census    63 

All  property  liable  for  special  tax 64 

Fiscal  year 64 

Bonds,  eo»itracts,  etc,  signed,  attested  by  64 

Collection    of    taxes 64 

Sale  of  property  for  taxes. 64 

Notice  of  person  injured,  liability  by  city  64 

Bond  or  security   in  suits 64 

City  property  cannot  be  sold  under  writ 

of  execution    64 

Funds   cannot   be   garnisheed 64 

City  not  liable  for  assignment  of  wages~,  .   64 
Notice  to  remove  buildings,  fences,  awn- 
ings, etc..  Business  Manager 64 

Cost  of  removal  j[issessed  as  special  tax..   64 

Condemnation  of  buildings  by  board 6r> 

Writs,  subpoenas,  etc.,  issued  in  name  of 

city     6,-)  18      ■     14 

Service   by   chief   or   deputies    in   city   or 

Rogers   and  Tulsa  county...-) 65 

Revocation    of   license 6.') 

Term  "officer"  defined 6.") 

Qualified  electors    6r> 

(^alified  electors    3 


Art. 

Sec. 

1 

10 

1 

10 

1 

10 

1 

10 

1 

13 

1 

12 

1 

14 

5 

7 

5 

14 

5 

23 

11 

8 

12 

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18 

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18 

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13 

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14 

8 

15 

8 

16 

S 

17 

1 

10 

Title  ■  l*ai;v       Art.     See. 

MISCELLANEOUS— Contimiod. 

Finos    remitted    Oo  LS  18 

Xo  lien  against  city's  property 65  IS  19 

Subcontractors,  material   men.  etc.,  must  , 

file  claims   05  IS  1!) 

Contractors   cannot    issue   checks    against 

city    05 

Surety  bonds  and  proof  of  solvency 05 

Sinking    and    interest 06 

State   laws  governing 66 

Charter  a  public  act,  notice  shall  be  taken 

without   being  pleaded GCt 

State  convicts    66 

Curfew 66 

Exempt  factories  from  taxation 66 

Election    laws 66 

Election  precincts   06 

Judges   of   election,   qualified    electors....  06 

Duties  defined 66 

Oaths  of  office 66 

Officers    disqualified    67 

Police   and   fire   department 67 

First  election    67 

Obstructions     68 

Free    passes    68 

Contracts    68 

Oil    houses    68 

Fire  escapes    68 

Elevators 68 

Livery  stables  and  blacksmith  shops 68 

Building  permits 68 

Witnesses    60 

Processes     .  .^ 68 

Unconstitutional     69 

Two  procedures   69 

Bond  and  franchise  and  general  elections  69 

Sale  of  real  estate  or  other  property 69 

Chief  executive   69 

Clerk  of  school  board 69 

School   boards    . t 69 

Debt    limit    69 

Debt   limit    69 

Special  tax   69 


18 

19 

IS 

20 

18 

21 

18 

22 

18 

23 

18 

24 

18 

25 

18 

26 

18 

27 

18 

27 

IS 

28 

18 

2ft 

18 

29 

18 

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18 

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18 

31 

18 

32 

18 

33 

18 

34 

IS 

35 

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18 

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18 

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18 

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IS 

36 

18 

36 

18 

37 

IS 

38 

18 

39 

18 

40 

18 

41 

18 

43 

IS 

42 

18 

44 

18 

44 

18 

44 

Title  I'age       Art.     Sec. 

Public  -THilities    4  1  14 

Watcr\A'orks.     gas.     tclepliono.     tolograph, 

etc     30 

Public  Utilities    40 

Parks    4 

Pegulations     17 

Purcliase    and   regulations. 31 

Shade   trees    32 

Sale  of  real  estate  or  other  property (50 

Platting  property    4 

Additions    2 

'  Recording    2 

Proclamation 13 

Police^  Powers: 

Right  to   establish Ifi 

Policemen    10 

Regulate    theatres,    balls,    dance    houses, 

other  amusements    10 

Police   ordinances   continued 07 

Additional  salary    07 

Public  grounds    17 

Pigeons     17 

Prohibited    in   city. 10 

Pyrotechnics    17 

Profane  language   17 

Pool   Tables    18 

Police  court    10 

Jurisdiction    10 

Ex-Off icio    judge    10 

Power   and    authority 10 

Contempt     10 

Office    20 

Prosecutions     20 

Prosecutions     24 

Plaintiff   vs.   Defendant 20 

Docket     20 

Warrants     20 

Trial  forthwith    20 

Preach    of    bond 21 

Witness    fees    21 

•Trial  continued   21 

Judgment     21 

Discharge     21 


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Title  rage       Art.     >Soc. 

POLICE  COURT— Continued 

Appeal 21 

Unjust    prosecution    21' 

Oaths 21 

Contempt     21 

Monthly    report    ^ 21 

Printing 2G 

Privies    2!) 

Cleaning    fee,    inspection oO 

Public   library 31 

Pavement: 

Resolution   to   construct 4!)  IG 

Nature  and  extent,  material  and  methods, 
payment  of  cost,  specifications  for 
different  materials  and  plans,  bond  re- 
quired   for    bidders    for    construction, 

five-year    maintenance    49 

Sidewalks,  gutters  and  curbs r)0 

Grade  changed   50 

Cost  to  city  or  property 50 

Cost   to  railroad -. 50 

Collection    of    cost 51 

Sale  of  property  for  cost 51 

Advertise   for  bids 51 

Time   to   receive   bids 51 

No  bid  to  be  amended 52 

Right  to  reject  bids  or  accept 51 

Select   plans   and   material    after   opening 

bids    51 

7 


Five  per  cent  certified  check 

Assessing  cost  to  abutting  property  and 
side  street,  alley,  and  intersections  by  _ 

quarter    block    52 

Special   proportion    5.3 

Cost  proportioned   by   frontage 53 

Deferred    payments    7    per    cent    penalty 

and   cost    of   collection 53  IG 

Resolution,  assessing  cost,  notice  by  pub- 
lication and  registered  mail 53  IG 

Certificate   of   notice ^.  53  IG 

Form  of   notice 54  IG 

Time   of   hearing  protests   as   to   amount 

of    assessments    54  IG 


IG 

1 

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2 

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3 

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4 

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Title  Page 

PAVEMEXT8— Contiinipd 

Appear    in    person    or    by    attornej'-    and 

subpoena   witnesses    54 

Adjournment   of    hearing .")4 

Objections  to  assessments  waived 54 

Assessments  by  ordinance  after  hearing.   54 

Lien  upon  property  for  assessment 54 

Assessment  payable   in   installments 54 

Amount  of  payments 54 

Time  and  manner  of   payments 54 

Ten-year    bonds     54 

Deferred  payments: 

Rate  of  interest,  maturity,  collection ....   54 

Payment  in  full  before  maturity ^•i 

Release   of   lien 55 

Property    not    liable    for   assessment    im- 
provement shall  not  be  made 55 

Improvement  on  one  side  of  street '•>'> 

Ptcassessment    by   reason    of  'error '^r^ 

Improvement   by    petition 55 

]*roperty    and    not    the    city    liable    for 

assessment    50 

Assessments  evidenced  by  certificates  or 

tax   bills    5(i 

Certificates  signed  and  attested  by 57 

Ordinance   fixing  final   assessment.. 57 

Negotiable  coupon  bonds,  25  years,  5  per 

((•nt  authorized   by   election 57 

I'revious  contracts  to  be  completed  under 

former  law    57 

Two   or    more    properties    in    one    assess- 
ment  not   invalid 5S 

Cost    and   attorney   fees    in    collecting   ot 

assessments     58 

Leins  enforced  by  suit  or  sale  of  property  58 
Rules    and    regulations    for    collecting    of 

assessments    58 

Errors    may   be    corrected 5^; 

Two   or   mWe   owners   may   be   joined   as 

defendants  in  any  suit 58 

Suit  against   assessment   must  be  within 
ten  davs  from  date  of  hearing 58 


Art.     Sec. 


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Quarantine: 

Destruction   of  clothing,  furniture,  build- 
ings,   etc    28 

Contagious  disease   2!) 

Five    mile    limit •^>0 

Records,    ownership    2 

Referendum     '■^ 

Real   Estate: 

Purchase   of    -j 

Title  to    4 

Removals : 

Time  and  manner  ^^ 

Time   and   manner *•' 

Roller  skates    1' 

Railroads    IT 

Abandoned   track    17 

Regtfhition     1  •' 

Reformatories     .  .  .• 1 " 

Recall : 

Form   of    petition * 22 

Petition   filed  with  board 22 

Twenty-five   per   centum 22 

Petition  published    2r. 

Date  of   election 23 

Form   of   ballot 23 

Called  as  other  elections 23 

Six  months'  service ' 23 

Officers   recalled   cannot   be   re-elected   or 

appointed     23 

Commissioners    not    recalled 23 

Elected    or    appointed 23 

Reports 

Annual     -^T 

r'olice     21 

Quarterly    published    •  25 

Recommendations   by   Business-  Manager.  37 

Repeal     71 

Schools: 

District     fi2 

Board  of  edvication  of  three  members...  02 

Nomination    and    election    at    large 02 


Art.     Sec. 


11 

3 

11 

4 

11 

14 

13 


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11 

14 

17 

34 

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1 

1 

1 

2 

2 

3 

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7 

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15 

lillc  Page      Art.     Sec. 
SCHOOLS— Continued. 

Manner  of  nomination  and  election 02 

Term   of   office 02 

Take  oath  first  Monday  in  May 02 

Election  of  president,  vice-president,  clerk  02 

Treasurer    03 

Oath  of  office,  recall. 03 

Place    of    voting 03 

Succession     2 

Suits     2 

Claims,  property,  etc 2 

Not   affected 4 

Self-government    3 

Initiative    and    referendum 3 

Salary : 

Commissioners     S 

Business   Manager    0 

Appointive   officers    9 

Appointive   officers    32 

Employes    and    laborers. . . . .  .^ 0 

Fixed  by  board 0 

Saloons 10 

Sabbath,  desecrations    10 

Sheep     17 

Swine     17 

Prohibited   in   city 10 

Shows     18 

Sanitation     2S 

Sanitation    : 20 

Sanitation     20 

Sanitation    20 

Sanitation    20 

Dead   animals    2!) 

Dairies    20 

Inspector    30 

Public  toilets   32 

Slaughter   liouses    20 

Slaughter   houses    20 

Slaughter   houses    30 

Streets : 

Lay    out.    establish,    open,    alter,    widen, 

lower,    raise,    extend,    grade,    narrow,  , 
care  for,  maintain,   improve,  sprinkle, 

etc     31  12 


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24 

3 

4 

5 

0 

7 

7 

8 

13 

10 

0 

10 

12 

Titlf  Page 

STREETS— Continued. 

Ownership     4 

Obstructions     ?>\ 

Contractors   must   clean 31 

Open,    widen,    extend,    improve 32 

Ohstructions     32 

Shade   trees 32 

Excavations    32 

Lighting 32 

Ilailway    franchise    45 

Condemnation .• 4G 

Repair   by    franchise    holder 48 

Lien    against    property 48 

Sidewalks,  curb  and  gutter 50 

Change    of    grade 50 

Sidewalks : 

Cost  of  construction 31 

Cuts    or    excavation 31 

Grade     31 

Obstructions     32 

Excavations    32 

Resolution   to  construct 40 

Cost  to  abutting  property no 

Change    of    grade 50 

C^st  to  city  of  pro])erty 50 

Collection  of  cost 51 

Cost    by    railroad 51 

Advertise  for  bids 51 

Time  to  receive  bids 51 

Right  to  accept  or  reject  bids 51 

Select    plan    and    material    after    opening 

bids     51 

No  bids  to  be  amended 52 

Five   per  cent  certified  check 52 

Assessing  cost  to  abutting  property  side 
street,     alley     and     intersections     by 

quarter    block    - 52 

Constniction  ordered  by  resolution 50 

No    notice    required 5!) 

Form   of   resolution 50 

Plans  to  be  prepared  by 50 

Approval   of  plans -^-^ 

Statement  giving  name  of  owner,  descrip- 


Art.     Se( 


1 

14 

12 

4 

12 

7 

12 

11 

12 

12 

12 

12 

12 

12 

12 

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Title  !';!« 

SIDEWALKS-C'or.tinucd. 

tion  of  property,  estimate  of  cost....   59 

(Irading-    excavation    excluded 59 

Notice   to   owner   by   publication    to   con- 
struct or  reconstruct  sidewalk   within 

thirty    days 59 

Additional  notice  may  be  given 60 

Gradins^  excavation  paid  for  by  city GO 

Resolution  to  construct  by  contract  after 

thirty    days'   notice CO 

With  or  without  competitive  bids.  >, 60 

Cost  assessed  against  abutting  property.   60 
Assessment  in  accordance  with  benefits..   60 

Notice  of  assessment  by  resolution 60 

Notice  by  publication  or  registered  letter  60 

I     Time  of  publication  of  notice 60 

'     Time  of  hearing  protests  against  assess- 
ment    <U 

Time  of  hearing  not  less  than  one  week 

from  date  of  publication (Jl 

(Objections   in   writing 61 

Appear    in    person    o*-  by     attorney     and 

subpoena   witnesses    61 

Hearing  may  be  adjourned 61 

Objections   waived    61 

Final  assessment  by  ordinance 61 

Amount  of  assessment  equal  to  benefits.   61 

Lien  upon  property  for  assessment 62 

Payment  sixty  days  from  date  of  assess- 
ment eight  per  cent  interest  on 62 

Collection  of  assessment  by  sale  or  suit. .   62 
Cost  expense  and  attorney's  fees   in  cor- 
rection  of  assessment (»2 

Sale  of  property  by 62 

Deed   to  property  sold 62 

Storm   Sowers : 

Water    courses    ;>2 

How    constructed    Hi 

ITow    constructed     HI 

Theatre*    16 

Variety    theatres    Hi 

License  and  regulations 1<S 

Firo   regulations    27 


Art.     Sec. 
16 


ic. 

16 

16 
16 
16 
16 
16 
16 

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16 

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Title  Pao 

Trespass     17 

Telegraph : 

Poles   changed    LS 

Wires     10 

Poles    moved    31 

Rates    .^ 37 

Franchise     45 

Poles   changed    48 

Telephone : 

Poles   changed    18  5  32 

Wires    19  5  35 

Municipal  ownership    30 

Right  to  sell    31 

Poles  moved   31 

Rates 37 

Franchise    45 

Poles    changed    48 

Traill     27 

Trash     27 

Trash     ' 31 

Taxation : 

Levy    and    collect 40 

Eight  mills   40 

Four  mills   additional 40 

Sinking    and    interest 40 

Judgments     40 

Special  assessments    40 

Assessments   by   board 40 

Oath  of  assessment.  .  . 40 

Collection   of  general,   special,   occupation 

or    license    40 

Deposited  in  24  hours 40 

Commissioners    responsible    40 

Delinquent    taxes    40 

Failure   to   deposit 40 

Increase  of  assessment 40 

Notice   of   increase 40 

Two  or  more   owners 40 

Assessor   and    collector 40 

Sale    of    property 41 

State  laws 41 

Prescribe  oath    41 

Form  of   roll 41 


12 

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4 

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TAX ATIOX— (  ontinued. 

Power  of   assessor 41 

Delinquent,    penalties    41 

Xotiee   of   assessment 41 

Merchants  inventories  and  penalty 41 

Property   not   assessed 41 

When  payable   42 

Reassessment     42 

May   appeal    42 

Unknown     42 

Irregularities    42 

Schedule    of   property 42 

Valuation    by    assessor 42 

Equalization    and   appeals 42 

Increase   or   reduction 42 

Alphabetical  list   42 

Lien  for  taxes 43 

Time    of    collection 42 

Removal  of  personal  property 43 

Place   of    payment v 43 

Time  of  payment  of  regular  assessment.  43 

Penalties     43 

Seizure  of  i)roperty 43 

Notice  of  sale 44 

I'ower  of  board  to  collect 44 

Deed   for   delinquent 44 

Title  to  personal   property 44 

City   to    purchase 44 

Redeem  in  two  years 44 

Penalty    after    sale 44 

Description    in    siiit 4.1 

Description  by  owner 4.') 

Suit  for  collection 4;') 

Annual   appropriations    37 

FiscTil  year   37 

Estimate  by  business  Manager 37 

Annual  tax  levied  in  June 3S 

Power    to    collect 3S 

Debt   limit    <>!> 

Special  tax    ''!^ 

Velocipeih's     1  < 

Vagrancy     1  '* 


14 

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14 

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14 

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14 

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14 

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14 

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8 

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10 

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10 

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12 

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17 

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18 

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19 

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20 

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21 

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23 

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24 

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24 

13 

24 

13 

24 

13 

25 

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18 

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33 

Title                                                                    Page  Art.  Sec 

Vagrancy     18  5  27 

Weights    and    Measures 10  5  5 

Bread    16  5  8 

Hay,  coal,  ice,  gas,  etc 29  11  11 

Whistles     17  5  12 

Workhouses    18    "  5  27 

Workliouses    19  5  33 

Work  on  Streets: 

Age   limit    24  8  1 

Single-handed  or  team 24  8  1 

Cash    24  8  1 

Substitute    24  8  2 

Neglect 24  8  3 

Waterworks : 

Municipal    ownership    30  12  1 

Right    to    sell 31  12  2 

Purchase  of  land 31  12  3 

Rates    31  12  3 

Laying  of  mains 31  12  7 

Aqueducts  and  reservoirs 32  12  13 

Water  courses   32  12  13 

Water  courses   46  15  3 


Wm.  M.  Gres  lam,  City  Clerk 

I.  J).  J.  Matthe\vs.  Register  of  Deeds  for  Rogers  County,  State  of  Okla- 
homa, hereby  eertify  tliat  I  have  this  day.  November  2r)th(  1013,  filed  Charter 
of  the  City  of  Coliinsville.  Okhiiioina.  in  ouj'  Chattel  Index  No.  4.  Page  47. 

D.  J.  MATTHEWS, 

(SEAL.)  Register  of  Deeds. 

I.  Renjaniin  F.  Harrison.  Secretary  of  State  of  Oklalionia,  do  hereby  eer- 
tiiy  that  the  charter  of  the  City  of  Collinsvill(^  Oklahoma  was  approved  by  the 
(Governor  and   filed   in   this  office  January   10,   1014. 

In  Testimony  Whereof.  I  have  hereunto  set  my  hand  and  caused  to  be 
affixed  the  Great  Seal  of  the  State  of  Oklahoma,  this  the  Kith  day  of  April,  A. 
D.  1014. 

(Signed)       RKXJAAHN  F.  HARRISON, 
^SKAL.)  Secretary   of  State. 

STATE  OF  OKLAHOMA.  COl'NTV  OF  R0{;ERS.  SS: 

I,  Wm.  M.  (iresham.  the  duly  (jualified  and  acting  Clerk  of  tin,'  City  of  Col- 
linsville.  county  and  state  aforesaid,  hereby  certify  that  the  within  and  fore- 
going is  a  true  and  complete  copy  of  the  Charter  of  the  City  of  Collinsville.  as] 
l)repared  by  the  Board  of  Freeholders  eh'cted  September  10.  1013,  and  executed] 
in  duplicate  November  24.  1013.  and  filed  with  the  Mayor  and  in  the  office  ofj 
the  Recoi<ler  of  Deeds  of  Rogei-s  County,  November  25th,  1013,  and  adopted  by] 
the  people  Januaiy  0,  1014.  and  approved  by  Lee  Cruce,  OoA'ernor  of  the  State 
of  Oklahoma.  January  10,  1014.  and  filed  in  the  office  of  the  Secretary  of] 
b'tate;  and  the  fiirst  ntt'i<(.i<  Ml<.<i  thei?-  boTul  and  took  theii-  offices  Februar^i 
21.  1014. 


Dated. 


City  Clerk. 


S98626 

J5  7S- 


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